SB111: Bill Text

SB111,613 Section 613. 25.43 (3) of the statutes is amended to read:

SB111,608,23 25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the environmental improvement fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s), (sm), (t), and (x) and (2) (r), (s), and (x), 20.370 (4) (mt), (mx) and (nz), (8) (mr) and (9) (mt), (mx) and (ny), 20.505 (1) (v), (x) and (y), 281.58, 281.59, 281.60, 281.61, 281.62, and 283.31 and s. 281.60, 2019 stats.

SB111,614 Section 614. 25.75 (2) of the statutes is amended to read:

SB111,609,4 25.75 (2) Creation. There is created a separate nonlapsible trust fund known as the lottery fund, to consist of gross lottery revenues received by the department of revenue and moneys transferred to the lottery fund under ss. 20.435 (5) (kg), 20.455 (2) (g), and 20.505 (8) (am), and (g), and (jm).

SB111,615 Section 615. 27.01 (2) (a) of the statutes is amended to read:

SB111,609,12 27.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable for state park purposes and may acquire such lands and waters by condemnation after obtaining approval of the senate and assembly committees on natural resources. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB111,616 Section 616. 27.01 (6m) of the statutes is created to read:

SB111,609,16 27.01 (6m) Visitor activity guides for schools. The department shall provide on the department's Internet site a visitor activity guide for state parks, forests, recreation areas, and trails.

SB111,617 Section 617. 27.01 (9) (bg) of the statutes is created to read:

SB111,609,18 27.01 (9) (bg) Annual 4th grade pass. 1. In this paragraph:

SB111,609,20 a. “4th grade pupil” means a child receiving a 4th grade level of instruction in a school or a home-based private educational program, as defined in s. 115.001 (3g).

SB111,609,21 b. “Guardian” has the meaning given in s. 48.02 (8).

SB111,609,22 c. “Parent” has the meaning given in s. 48.02 (13).

SB111,610,4 2. The parent or guardian of a child may apply for an annual vehicle admission receipt fee waiver by submitting an application to the department. An application may not be submitted to a regional office of the department or to a person who is subject to an appointment or a contract as authorized under s. 29.024 (6) (a) 2. to 4. but must be submitted directly to the main office of the department. An application shall be submitted on a form provided by the department and shall include all of the following information:

SB111,610,5 a. The child's name.

SB111,610,6 b. The child's date of birth.

SB111,610,9 c. The name of the school the child is or will be attending or a certification that the child is in a home-based private educational program, as defined in s. 115.001 (3g).

SB111,610,14 d. A certification that the child is, was, or will be a 4th grade pupil on the 1st day of January of the calendar year for which the waiver is issued. This certification may be satisfied with dated report cards, dated and signed enrollment forms, a dated letter from the child's school on official letterhead, or any other proof deemed acceptable by the department.

SB111,610,17 3. Subject to subd. 4., the department shall provide to an individual whose application submitted under subd. 2. is approved an annual vehicle admission receipt fee waiver that is valid for the calendar year in which the waiver is issued.

SB111,610,21 4. A parent or guardian may receive only one fee waiver under this paragraph in his or her lifetime. If a parent or guardian receives a fee waiver under this paragraph, the department may not issue a fee waiver under this paragraph for any other member of the parent's or guardian's household.

SB111,610,25 5. The department shall waive the fee, including the issuing fee, imposed under sub. (7) for an annual vehicle admission receipt for a single vehicle, except a motor bus, that has Wisconsin registration plates and that is operated by a person who holds a valid fee waiver issued under this paragraph.

SB111,618 Section 618. 27.019 (10) of the statutes is amended to read:

SB111,611,12 27.019 (10) Acquisition of land. Any county in which there does not exist a county park commission acting through its rural planning committee may acquire by gift, grant, devise, donation, purchase, condemnation or otherwise, with the consent of the county board, a sufficient tract or tracts of land for the reservation for public use of river fronts, lake shores, picnic groves, outlook points from hilltops, places of special historic interest, memorial grounds, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same, and to develop and maintain the same for public use. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB111,619 Section 619. 27.05 (3) of the statutes is amended to read:

SB111,611,23 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease, condemnation, or otherwise, with the approval and consent of the county board, such tracts of land or public ways as it deems suitable for park purposes; including lands in any other county not more than three-fourths of a mile from the county line; but no land so acquired shall be disposed of by the county without the consent of said commission, and all moneys received for any such lands, or any materials, so disposed of, shall be paid into the county park fund hereinafter established. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB111,620 Section 620. 27.065 (1) (a) of the statutes is amended to read:

SB111,612,18 27.065 (1) (a) The county board of any county which shall have adopted a county system of parks or a county system of streets and parkways, pursuant to s. 27.04, may acquire the lands necessary for carrying out all or part of such plan by gift, purchase, condemnation or otherwise; provided, however, that no lands shall be acquired by condemnation unless and until the common council of the city or the board of trustees of the village or the board of supervisors of the town wherein such land is situated shall consent thereto. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). The cost of acquiring such lands by purchase or condemnation may be paid in whole or in part by the county or by the property to be benefited thereby, as the county board shall direct but in no case shall the amount assessed to any parcel of real estate exceed the benefits accruing thereto; provided, that no assessment for paying the cost of acquiring lands may be levied or collected against the property to be benefited until the governing body of the city, village or town where such lands are located has by resolution determined that the public welfare will be promoted thereby. Title to all lands acquired hereunder shall be an estate in fee simple.

SB111,621 Section 621. 27.08 (2) (b) of the statutes is amended to read:

SB111,613,7 27.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege; except that no lands may be acquired by condemnation for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). Gifts to any city of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall be accepted only after they shall have been recommended by the board to the common council and approved by said council by resolution. Subject to the approval of the common council the board may execute every trust imposed upon the use of property or property rights by the deed, testament or other conveyance transferring the title of such property to the city for park, parkway, boulevard or pleasure drive purposes.

SB111,622 Section 622. 27.08 (2) (c) of the statutes is amended to read:

SB111,613,19 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands in the name of the city for park, parkway, boulevard or pleasure drive purposes within or without the city and, with the approval of the common council, to sell or exchange property no longer required for its purposes. Every city is authorized, upon recommendation of its officers, board or body having the control and management of its public parks, to acquire by condemnation in the name of the city such lands within or without its corporate boundaries as it may need for public parks, parkways, boulevards and pleasure drives. The power of condemnation may not be used for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB111,623 Section 623. 28.11 (11) (a) 2. of the statutes is amended to read:

SB111,614,10 28.11 (11) (a) 2. Upon the filing of an application to withdraw lands under subd. 1., the department shall investigate the application. During the course of its investigation the department shall make an examination of the character of the land, the volume of timber, improvements, and any other special values. In the case of withdrawal for the purpose of sale to any purchaser other than the state or, a local unit of government, or a federally recognized American Indian tribe or band, the department shall establish a minimum value on the lands to be withdrawn. In making its investigation the department shall give full weight and consideration to the purposes and principles set forth in sub. (1), and it shall also weigh and consider the benefits to the people of the state as a whole, as well as to the county, from the proposed use against the benefits accruing to the people of the state as a whole and to the county under the continued entry of the lands to be withdrawn. The department may conduct a public hearing on the application, if it considers it advisable, at a time and place that it determines, except that if the county requests a public hearing in writing, the department shall hold a public hearing.

SB111,624 Section 624. 29.001 (69) of the statutes is amended to read:

SB111,614,19 29.001 (69) “Resident" means a person who has maintained his or her place of permanent abode in this state for a period of 30 days immediately preceding his or her application for an approval. Domiciliary intent is required to establish that a person is maintaining his or her place of permanent abode in this state. Mere ownership of property is not sufficient to establish domiciliary intent. Evidence of domiciliary intent includes, without limitation, the location where the person votes, pays personal income taxes, or obtains a driver's license or an identification card issued under s. 343.50.

SB111,625 Section 625. 29.063 (7) of the statutes is created to read:

SB111,614,24 29.063 (7) The department shall provide financial assistance to city, village, town, and county governments, individuals, businesses, and nonprofit conservation organizations for the purchase of large metal containers in which hunters may dispose of deer carcasses.

SB111,626 Section 626. 29.191 (1) (b) 1. of the statutes is amended to read:

SB111,615,6 29.191 (1) (b) 1. `Habitat.' The department shall expend 67 percent of the money received from fees for waterfowl hunting stamps for developing, managing, preserving, restoring and maintaining wetland habitat and for producing waterfowl and ecologically related species of wildlife. The department may provide money under this subdivision to nonprofit conservation organizations and local units of government for developing and restoring wetland habitat.

SB111,627 Section 627 . 29.219 (4) of the statutes is amended to read:

SB111,615,11 29.219 (4) Husband and wife Spouses resident licenses. A combined husband and wife spouses resident fishing license shall be issued subject to s. 29.024 by the department to residents applying for this license. This license confers upon both husband and wife spouses the privileges of resident fishing licenses.

SB111,628 Section 628 . 29.228 (5) of the statutes is amended to read:

SB111,615,16 29.228 (5) Annual family fishing license. The department shall issue a nonresident annual family fishing license, subject to s. 29.024, to any nonresident who applies for this license. This license entitles the husband, wife spouses and any minor children to fish under this license.

SB111,629 Section 629 . 29.228 (6) of the statutes is amended to read:

SB111,615,21 29.228 (6) Fifteen-day family fishing license. The department shall issue a nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident who applies for this license. This license entitles the husband, wife spouses and any minor children to fish under this license.

SB111,630 Section 630 . 29.229 (2) (i) of the statutes is amended to read:

SB111,615,23 29.229 (2) (i) Husband and wife Spouses fishing licenses.

SB111,631 Section 631 . 29.2295 (2) (i) of the statutes is amended to read:

SB111,615,25 29.2295 (2) (i) Husband and wife Spouses fishing licenses.

SB111,632 Section 632. 29.563 (2) (e) 3. of the statutes is amended to read:

SB111,616,2 29.563 (2) (e) 3. Waterfowl: $6.75 $11.75.

SB111,633 Section 633 . 29.563 (3) (a) 3. of the statutes is amended to read:

SB111,616,4 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.

SB111,634 Section 634 . 29.607 (3) of the statutes is amended to read:

SB111,616,15 29.607 (3) License required; exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.024 (2g) and (2r), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term “immediate family" includes husband and wife spouses and minor children having their abode and domicile with the parent or legal guardian.

SB111,635 Section 635. 30.2065 (1) of the statutes is repealed.

SB111,636 Section 636. 30.2065 (1g) of the statutes is created to read:

SB111,617,7 30.2065 (1g) (a) The department shall issue a general permit that authorizes wetland, stream, and floodplain restoration and management activities that will result in a net improvement in hydrologic connections, conditions, and functions. These activities shall be designed to the extent possible to return wetland, stream, and floodplain hydrology to a natural and self-regulating condition in order to achieve such goals as to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. An activity is authorized by the general permit only if the applicant demonstrates to the satisfaction of the department that the activity will result in net improvements in hydrologic connections, conditions, and functions and will not injure public rights or interests or result in material injury to the rights of any riparian owner. The department may develop a quantification tool to determine if an activity will meet those standards. The department shall include conditions under the general permit that do all of the following:

SB111,617,14 1. Authorize hydrologic restoration activities in and adjacent to wetlands, streams, floodplains, and drainageways, including those that are no longer present but are restorable, for the purposes of reconnecting streams and floodplains, reestablishing healthy channel form and condition, removing or reducing wetland drainage, restoring or improving natural flow and movement of water or sediment, and reestablishing vegetation to support site stability and help manage flow and infiltration.

SB111,617,18 2. Authorize hydrologic restoration activities that alter the flow of water in, to, or from an area of special natural resource interest if the activities restore or repair surface or subsurface connections within the area of special natural resource interest or between the area of special natural resource interest and other waters of the state.

SB111,617,20 3. Specify that the general permit does not authorize any of the following activities:

SB111,617,21 a. Construction of artificial wetlands.

SB111,617,22 b. Construction of stormwater retention or detention ponds.

SB111,617,24 c. Construction of large dams, as defined under s. 31.19 (1m), or dams that pose a risk to life, health, or property.

SB111,618,2 d. Activities that straighten, berm, dredge, or armor stream channels, except when proposed as a necessary element of a larger hydrologic restoration plan.

SB111,618,4 e. Fish and wildlife habitat enhancement activities that are not associated with a larger hydrologic restoration plan.

SB111,618,8 (b) In addition to the conditions under par. (a), the department may include other conditions necessary to ensure that activities authorized by the general permit will not injure public rights or interests or result in material injury to the rights of any riparian owner.

SB111,618,11 (c) The department shall consider all of the following factors when it assesses whether a proposed activity will result in net improvements in hydrologic connections, conditions, and functions:

SB111,618,13 1. Minimal adverse impacts regulated under this chapter and ch. 281 may be allowed if those impacts are anticipated to be temporary.

SB111,618,15 2. Restoring natural and self-regulating hydrology may result in permanent but net-positive changes to biotic communities and abiotic conditions.

SB111,618,17 (d) In reviewing activities proposed to be conducted under a general permit issued under this subsection, the department may do any of the following:

SB111,618,18 1. Waive fees.

SB111,618,20 2. Establish a reporting-only notification process for activities funded in whole or in part by a state or federal agency.

SB111,618,21 3. Waive requirements for wetland delineations and functional assessments.

SB111,618,24 4. Adjust and simplify the application and information requirements to reflect the fact that voluntary hydrologic restoration projects differ from projects with potential adverse environmental impacts.

SB111,619,2 5. Waive requirements related to wetland mitigation for impacts incidental to more fully restoring wetland hydrology.

SB111,619,8 (e) The department shall notify, in writing, a person who has applied under s. 30.206 (3) (a) for authorization to proceed under a general permit issued under this subsection that the person is required to apply for an individual permit if the department determines that the proposed activity will not result in net improvements to hydrologic connections, condition, and functions. The department shall document in this notification its reasons for making this determination.

SB111,619,13 (f) A person wishing to proceed with an activity that may be authorized by a general permit under this subsection may request and shall be granted a preapplication meeting with the department prior to submitting an application under s. 30.206 (3) (a). The department shall attempt to coordinate this meeting with the local zoning authority in cases where local zoning regulations apply.

SB111,637 Section 637. 30.2065 (2) (title) of the statutes is repealed.

SB111,638 Section 638 . 30.2065 (2) (a) of the statutes is renumbered 30.2065 (1e) and amended to read:

SB111,619,18 30.2065 (1e) The department may issue a general permit to a person wishing to proceed with an a wetland restoration activity sponsored by a federal agency.

SB111,619,23 (1r) A permit issued under this subsection sub. (1e) or (1g) is in lieu of any permit or approval that would otherwise be required for that activity under this chapter or s. 31.02, 31.12, 31.33, 281.15, or 281.36, except that a general permit issued under sub. (1g) does not apply to wetland mitigation conducted as required under s. 281.36 (3n) (d).

SB111,639 Section 639 . 30.2065 (2) (b) of the statutes is renumbered 30.2065 (2m) and amended to read:

SB111,620,4 30.2065 (2m) A general permit issued under this subsection sub. (1e) or (1g) is valid for a period of 5 years except that an activity that the department determines is authorized by a general permit remains authorized under the permit until the activity is completed.

SB111,640 Section 640 . 30.2065 (2) (c) of the statutes is renumbered 30.2065 (3m), and 30.2065 (3m) (intro.), as renumbered, is amended to read:

SB111,620,12 30.2065 (3m) (intro.) To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit issued under sub. (1e) is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the a general permit issued under sub. (1e):

SB111,641 Section 641. 30.303 of the statutes is created to read:

SB111,620,16 30.303 Dam on Sheboygan River. From the appropriation under s. 20.370 (5) (fx), the department shall award a grant to Sheboygan County for the removal and reconstruction of a dam on the Sheboygan River at the Sheboygan Marsh.

SB111,642 Section 642. 30.52 (1m) (ar) of the statutes is amended to read: