SB21: Bill Text

SB21,505,23 23.0916 (3) (c) Authority to prohibit access; later acquisitions. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities only if the natural resources board secretary determines that it is necessary to do so to protect public safety or to protect a unique animal or plant community. This paragraph applies to acquisitions of land in fee simple and easements on former managed forest land for purposes other than for state trails and the ice age trail that occur on or after July 1, 2011.

SB21,956 Section 956. 23.0916 (3m) of the statutes is repealed.

SB21,957 Section 957. 23.0916 (5) (intro.) of the statutes is amended to read:

SB21,506,2 23.0916 (5) Rules. (intro.) The natural resources board department, by rule, shall develop all of the following:

SB21,958 Section 958. 23.09165 (1) (c) of the statutes is amended to read:

SB21,506,5 23.09165 (1) (c) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,959 Section 959. 23.0917 (1) (dm) of the statutes is amended to read:

SB21,506,8 23.0917 (1) (dm) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,960 Section 960. 23.0917 (4) (cm) 4. of the statutes is amended to read:

SB21,506,11 23.0917 (4) (cm) 4. Infrastructure improvements to the Kettle Moraine Springs fish hatchery. This subdivision does not apply after June 30, 2017 2018.

SB21,961 Section 961. 23.0917 (5) (d) (intro.) of the statutes is amended to read:

SB21,506,19 23.0917 (5) (d) (intro.) For a given fiscal year, in addition to obligating the amount of the annual bonding authority for a subprogram under sub. (3) or (4), or the amount equal to the annual bonding authority for that subprogram, as adjusted under pars. (a) and (b), whichever amount is applicable, the department may also obligate for that subprogram up to 100% of the annual bonding authority for that subprogram for that given fiscal year for a project or activity if the natural resources board secretary determines that all of the following conditions apply:

SB21,962 Section 962. 23.0917 (8) (h) of the statutes is created to read:

SB21,506,24 23.0917 (8) (h) Beginning with fiscal year 2015-16, the department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) under the land acquisition subprogram if the annual general fund debt service on amounts obligated under s. 20.866 (2) (ta) exceeds $54,305,700.

SB21,963 Section 963. 23.0918 (2) of the statutes is amended to read:

SB21,507,8 23.0918 (2) Unless the natural resources board secretary determines otherwise in a specific case, only the income from the gifts, grants, or bequests in the fund is available for expenditure. The natural resources board secretary may authorize expenditures only for preserving, developing, managing, or maintaining land under the jurisdiction of the department that is used for any of the purposes specified in s. 23.09 (2) (d). In this subsection, unless otherwise provided in a gift, grant, or bequest, principal and income are determined as provided under subch. XI of ch. 701.

SB21,964 Section 964. 23.092 (1b) of the statutes is amended to read:

SB21,507,11 23.092 (1b) In this section, "nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,965 Section 965. 23.095 (2m) of the statutes is amended to read:

SB21,507,15 23.095 (2m) Prohibition on land in Kickapoo valley reserve. No person may damage or attempt to damage any natural resource or archaeological feature located in the Kickapoo valley reserve under s. 41.41 23.0927 (2).

SB21,966 Section 966. 23.0953 (4) of the statutes is amended to read:

SB21,507,21 23.0953 (4) A county may not convert the land, or any rights in the land, acquired with grant moneys awarded under sub. (2) (a) 2. 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 secretary approves the conversion.

SB21,967 Section 967. 23.0955 of the statutes is repealed.

SB21,968 Section 968. 23.0956 of the statutes is repealed.

SB21,969 Section 969. 23.0957 of the statutes is repealed.

SB21,970 Section 970. 23.096 (1) (ag) of the statutes is amended to read:

SB21,508,2 23.096 (1) (ag) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,971 Section 971. 23.096 (2m) (intro.) of the statutes is amended to read:

SB21,508,8 23.096 (2m) (intro.) 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 secretary determines that all of the following apply:

SB21,972 Section 972. 23.097 (1g) of the statutes is amended to read:

SB21,508,15 23.097 (1g) The department shall award grants to counties, cities, villages, towns, and nonprofit organizations for up to 50% of the cost of tree management plans, tree inventories, brush residue projects, the development of tree management ordinances, tree disease evaluations, public education concerning trees in urban areas and other tree projects removing, saving, and replacing trees in urban areas that have been damaged by disease, infestation, or catastrophic storm events.

SB21,973 Section 973. 23.097 (1r) of the statutes is repealed.

SB21,974 Section 974. 23.098 (1) (c) of the statutes is amended to read:

SB21,508,19 23.098 (1) (c) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,975 Section 975. 23.117 (4) of the statutes is amended to read:

SB21,508,25 23.117 (4) Any council that is created by the natural resources board secretary under s. 15.04 (1) (c) to advise the department on the opening of trails in state parks and in the Kettle Moraine state forest for use by bicycles or electric personal assistive mobility devices shall have its recommendations regarding such use reviewed and approved by the natural resources board secretary before they are implemented.

SB21,976 Section 976. 23.12 of the statutes is repealed.

SB21,977 Section 977. 23.125 (title) of the statutes is amended to read:

SB21,509,4 23.125 (title) Natural resources board council member conflicts of interest.

SB21,978 Section 978. 23.125 (1) of the statutes is amended to read:

SB21,509,9 23.125 (1) If a member of the natural resources board council is the holder of a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board council meeting or participate in a board council decision on any matter that substantially relates to the permit or license.

SB21,979 Section 979. 23.125 (2) of the statutes is amended to read:

SB21,509,18 23.125 (2) If a member of the natural resources board council receives, or has during the previous 2 years received, a significant portion of his or her income directly or indirectly from a holder of or applicant for a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board council meeting or participate in a board council decision on any matter that substantially relates to the permit or license, except that this restriction does not apply with respect to a permit or license held or applied for by an agency, department, or subdivision of this state.

SB21,980 Section 980. 23.145 (1) of the statutes is amended to read:

SB21,509,23 23.145 (1) The natural resources board secretary shall on or before June 30, 2017, offer for sale at least 10,000 acres of land owned by the state, under the jurisdiction of the department, and outside of project boundaries that were established by the department on or before May 1, 2013.

SB21,981 Section 981. 23.15 (1) of the statutes is amended to read:

SB21,510,6 23.15 (1) The natural resources board secretary 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 secretary determines that the 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. 16.310 (2).

SB21,982 Section 982. 23.15 (2) of the statutes is amended to read:

SB21,510,15 23.15 (2) Said natural resources board The secretary shall present to the governor a full and complete report of the lands to be sold, the reason for the sale, the price for which said the lands should be sold together with, and an application for the sale of the same lands. The governor shall thereupon make such any investigation as the governor deems necessary respecting said the lands to be sold and approve or disapprove such the application. If the governor shall approve approves the same, application, the governor shall issue a permit shall be issued by the governor for such the sale on the terms set forth in the application.

SB21,983 Section 983. 23.15 (2m) (a) (intro.) of the statutes is amended to read:

SB21,510,20 23.15 (2m) (a) (intro.) Notwithstanding sub. (1), the natural resources board secretary shall sell, at fair market value, land in the lower Wisconsin state riverway, as defined in s. 30.40 (15), that is not exempt under s. 30.48 (2) and that is acquired by the department after August 9, 1989, if all of the following conditions are met:

SB21,984 Section 984. 23.15 (2m) (b) of the statutes is amended to read:

SB21,510,24 23.15 (2m) (b) Notwithstanding sub. (1), the natural resources board secretary is not required to make a finding that land to be sold under par. (a) is no longer necessary for the state's use for conservation purposes.

SB21,985 Section 985. 23.15 (3) of the statutes is amended to read:

SB21,511,6 23.15 (3) Upon completion of such the sale, the chairperson and secretary of the natural resources board, or the secretary of natural resources, if the secretary is duly authorized by the natural resources board, shall execute such instruments as are necessary to transfer title and the natural resources board or its secretary or his or her duly authorized agents shall deliver the same executed instruments to the purchaser upon payment of the amount set forth in the application.

SB21,986 Section 986. 23.15 (4) of the statutes is amended to read:

SB21,511,13 23.15 (4) Said natural resources board The secretary effecting the sale of any such lands and structures shall, upon receiving payment therefor, deposit the funds in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creating creation and establishing establishment of public hunting and fishing grounds, wildlife and fish refuges, and state parks and for land in the lower Wisconsin state riverway as defined in s. 30.40 (15).

SB21,987 Section 987. 23.167 (2) (intro.) of the statutes is amended to read:

SB21,511,18 23.167 (2) (intro.) The department, in consultation with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, shall do all of the following for each economic development program administered by the department:

SB21,988 Section 988. 23.169 (1) of the statutes is amended to read:

SB21,511,22 23.169 (1) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

SB21,989 Section 989. 23.169 (2) of the statutes is amended to read:

SB21,512,7 23.169 (2) Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in s. 23.167 (1), administered by the department. The report shall include all of the information required under s. 238.07 235.016 (2). The department shall collaborate with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority to make readily accessible to the public on an Internet-based system the information required under this section.

SB21,990 Section 990. 23.175 (1) (b) of the statutes is amended to read:

SB21,512,13 23.175 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under subch. II of ch. 114 or ch. 36, 231, 233, 234 235, or 237 but not including the legislature or the courts.

SB21,991 Section 991. 23.1987 (1) of the statutes is amended to read:

SB21,512,22 23.1987 (1) From the moneys appropriated under s. 20.866 (2) (ta), the department shall set aside $7,000,000 in each fiscal year beginning with fiscal year 2014-15 and $7,000,000 in ending with fiscal year 2015-16 2017-18 that may be obligated only for infrastructure improvements to the Kettle Moraine Springs fish hatchery. For purposes of s. 23.0917, moneys obligated under this subsection shall be treated as moneys obligated under the property development and local assistance subprogram under s. 23.0917 (4). Section 23.0917 (5g) does not apply with respect to amounts obligated before July 1, 2017 2018, under this subsection.

SB21,992 Section 992. 23.295 of the statutes is repealed.

SB21,993 Section 993. 23.30 (3) (intro.) of the statutes is amended to read:

SB21,513,4 23.30 (3) Natural resources board Department. (intro.) The natural resources board department is the body through which all governmental agencies and nongovernmental agencies may coordinate their policies, plans, and activities with regard to Wisconsin outdoor recreation resources. To this end it shall:

SB21,994 Section 994. 23.30 (3) (b) to (g) of the statutes are amended to read:

SB21,513,11 23.30 (3) (b) Coordinate the development of a comprehensive long-range plan for the acquisition and development of areas necessary for a statewide system of recreational facilities. The comprehensive plan shall be based upon the outdoor recreation plans of the several state agencies and local governmental agencies, and shall be coordinated and modified as the board department deems necessary to comply with its policies and standards.

SB21,513,15 (c) Recommend to the legislature outdoor recreation program appropriations and allocations which, in conjunction with other financial sources supporting outdoor recreation resources, are necessary to carry out plans coordinated by the board department.

SB21,513,18 (d) Consider progress reports from state agencies to determine that all state appropriations for outdoor recreation are being so expended that the policies and plans formulated by the board department will be accomplished.

SB21,513,23 (f) Advise federal agencies concerned of the pattern in which all federal outdoor recreation resources financial assistance and loan programs to state and local governmental agencies and to nongovernmental associations and private individuals will most completely implement the policies and plans of the board department.

SB21,514,3 (g) Negotiate agreements between agencies concerned when in the board's department's judgment there is an overlap of authority or responsibilities in the completion of a project.

SB21,995 Section 995. 23.31 (1) (a) of the statutes is amended to read:

SB21,514,9 23.31 (1) (a) To provide and develop recreation resources facilities within this state, the natural resources board secretary, subject to the limits provided in s. 20.866 (2) (tp), (ts), and (tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities.

SB21,996 Section 996. 23.31 (1) (b) of the statutes is amended to read:

SB21,514,20 23.31 (1) (b) With their its biennial budget request to the department of administration, the natural resources board department shall include its request and plan for recreational acquisition and development funding under s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in The department may not change the priority types of land to be acquired and in or the nature and categories of developments may not be made to be undertaken without approval of the governor. Any deviation which that the governor approves shall be reviewed by the joint committee on finance.

SB21,997 Section 997. 23.33 (5m) of the statutes is repealed.

SB21,998 Section 998. 23.50 (1) of the statutes is amended to read:

SB21,515,9 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s. 281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 23.0927 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB21,999 Section 999. 23.53 (1) of the statutes is amended to read:

SB21,515,22 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 23.0927 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB21,1000 Section 1000. 23.56 (1) of the statutes is amended to read:

SB21,516,5 23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 23.0927 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

SB21,1001 Section 1001. 23.57 (1) (intro.) of the statutes is amended to read: