Wisconsin National Guard duties related to sexual assault and sexual
harassment
The bill requires the adjutant general to submit to the governor and
appropriate standing committees of the legislature an annual report containing
information related to sexual assaults and sexual harassment reported by members
of the Wisconsin National Guard and a summary of National Guard training and
policies related to preventing and responding to incidents of sexual assault and
sexual harassment.
Wisconsin National Guard misconduct case management system
The bill also requires DMA to establish and maintain a case management
system that allows the National Guard to track and manage casework related to
misconduct within the National Guard. Additionally, the bill requires DMA to
submit to the governor and appropriate standing committees of the legislature an
annual report describing any substantive changes to the UCMJ during the prior
federal fiscal year, a comparison of those changes to the WCMJ, and
recommendations regarding whether those changes should be incorporated into the
WCMJ.
Creating an office of homeland security
The bill creates an office of homeland security in DMA that must work with the
federal Department of Homeland Security and state and local law enforcement
agencies to identify, investigate, assess, report, and share tips and leads linked to
emerging homeland security threats. The director of the office of homeland security
must be appointed by the adjutant general.
Aerial assistance
The bill provides that DMA may provide aerial assistance for incident
awareness and assessment, drug interdiction and counter-drug activities, search
and rescue efforts, or disasters and seek reimbursement for such services if provided.
Appropriation for reimbursements for drug house demolition
The bill creates a continuing program revenue appropriation for DMA to
receive reimbursements from municipalities for the demolition of certain former
drug dwellings.
Recovery of Next Generation 911 costs
Under current law, DMA must contract for the creation, operation, and
maintenance of an emergency services IP network to implement what is known as
“Next Generation 911,” a modern emergency communication network. The bill
requires that the contracts include a provision that the contracted entity reimburse
originating service providers, which are the entities that provide services used to
connect to the emergency number system, for all their costs incurred in connecting
to the Next Generation 911 system.
Statewide public safety interoperable communication system
The bill creates a continuing GPR appropriation to fund the development and
operation of a statewide public safety interoperable communication system.
Payment to town of Silver Cliff to rebuild its public safety building
Under current law, DMA may make payments from a state disaster assistance
appropriation account to local governmental units for the damages and costs
incurred as the result of a disaster if the disaster meets one of the two following
requirements: 1) the disaster is not eligible for other funding related to a
presidentially declared “major disaster,” or 2) DMA determines the disaster meets
a certain per capita impact indicator. Additionally, the entity receiving the grant is
required to pay for 30 percent of the amount of damages and costs resulting from the
disaster. The bill requires DMA to provide a $1,000,000 payment in fiscal year
2023-24 from the same appropriation to the town of Silver Cliff for the rebuilding
of the town's public safety building that was destroyed by a tornado and exempts the
Silver Cliff disaster from the program's eligibility requirement and 30 percent
payment requirement.
Natural Resources
Fish, game, and wildlife
Nonresident deer hunting license fee
Under current law, DNR issues approvals that authorize hunting, fishing, and
trapping of wild animals. The bill increases the fee for a deer hunting license issued
to a person who is not a resident of this state from $157.25 to $182.25.
Inland waters trout stamp fee
Under current law, DNR issues approvals that authorize hunting, fishing, and
trapping of wild animals. The holder of a fishing license or sports license may not
fish for trout in inland trout waters unless the person also holds a trout stamp. The
bill increases the fee for an inland waters trout stamp from $9.75 to $14.75.
Use of ID card to establish residency for DNR approvals
Under current law, DNR issues approvals that authorize the holder of the
approval to engage in certain activities, such as hunting wild animals. In general,
residents of the state are issued a different approval, for a lower fee, than
nonresidents of the state. Current law provides that a resident is anyone who has
maintained a permanent abode in the state for at least 30 days prior to applying for
an approval, which must be established by demonstrating domiciliary intent. Under
current law, evidence of domiciliary intent includes voting, paying personal income
taxes, or obtaining a driver's license at a location in the state. The bill provides that
domiciliary intent may also be satisfied by obtaining an identification card issued by
DOT. Under current law, an identification card issued by DOT is required to contain
the same information that is required for an operator's license, including the license
holder's name, address, and photograph, but must be clearly labeled as providing
only identification of the card's holder.
Deer carcass disposal sites
The bill requires DNR to provide financial assistance to local governments,
individuals, businesses, and conservation organizations to purchase large metal
containers for the disposal of deer carcasses.
Endangered resources funding match
Under current law, DNR administers the endangered resources program,
which includes improving habitats for endangered or threatened species, conducting
the natural heritage inventory, conducting wildlife research and surveys, providing
wildlife management services, and providing for wildlife damage control. Current
law appropriates to DNR all moneys received from gifts, grants, and bequests for the
program. Current law also allows an individual filing an income tax return to
designate an additional payment for the program.
Current law appropriates from the general fund to DNR an amount equal to the
amount of gifts, grants, and bequests received and any additional payments made
for the program, not to exceed $500,000 in a fiscal year. The bill increases the limit
to $950,000.
Aquatic plant management
Under current law, without a valid aquatic plant management permit issued
by DNR, no person may introduce nonnative aquatic plants into waters of this state,
manually remove aquatic plants from navigable waters, or control aquatic plants in
waters of this state by the use of chemicals or by introducing biological agents, by
using a process that involves dewatering, desiccation, burning, or freezing, or by
using mechanical means. Under current law, DNR establishes fees for aquatic plant
management permits, and those fees are deposited into a general fund appropriation
used for facilities, materials, or services provided by DNR relating to its
environmental quality functions and to the management of the state's water
resources. Under the bill, those fees are deposited into a general fund appropriation
used solely for the aquatic plant management permit program.
Navigable waters
Great Lakes and Mississippi River erosion control revolving loan programs
The bill requires DNR to administer revolving loan programs to assist
municipalities and owners of homes located on the shore of Lake Michigan, Lake
Superior, or the Mississippi River where the structural integrity of municipal
buildings or homes is threatened by erosion of the shoreline. Under the bill, moneys
for the programs are provided from the environmental fund, the segregated fund
used to finance environmental management programs administered by DNR and
pollution abatement programs administered by DNR and DATCP. The bill requires
DNR to promulgate administrative rules to administer the programs, including
eligibility requirements and income limitations, and authorizes DNR to promulgate
emergency rules for the period before permanent rules take effect.
Dam permit and approval fees
The bill changes the fees charged for permits and approvals for large dams.
Under current law, a large dam is a dam that either has a structural height of 25 feet
or more and impounds more than 15 acre-feet of water or has a structural height of
more than six feet and impounds 50 acre-feet or more of water. Under the bill, the
fees for large dams are based on the dam's hazard classification: $1,000 for a large,
high hazard dam; $500 for a large, significant hazard dam; and $200 for a large, low
hazard dam. Current law requires DNR to classify the hazard level of each dam in
the state for purposes of inspection regulations.
Bonding for dam safety projects
Under current law, the state may contract up to $39,500,000 in public debt to
provide financial assistance to counties, cities, villages, towns, and public inland
lake protection and rehabilitation districts for dam safety projects. The bill increases
the bonding authority for these projects by $10,000,000.
Sheboygan Marsh dam funding
The bill requires DNR to award a $500,000 dam safety grant to Sheboygan
County to remove and reconstruct a dam on the Sheboygan River at the Sheboygan
Marsh.
Recreation
Free admission to state parks for fourth graders
Under current law, no person may operate a vehicle in any state park or in
certain other recreational areas on state land unless the vehicle displays a vehicle
admission receipt. The bill requires DNR to waive the fee for an annual vehicle
admission receipt issued to the parent or guardian of a pupil receiving a fourth grade
level of instruction. A parent or guardian of a qualifying pupil may apply to DNR for
the waiver by submitting required certifications. A parent or guardian may receive
the waiver only once in his or her lifetime and DNR may issue a waiver only once for
a household.
Online sales system for vehicle admission receipts and state trail passes
The bill creates a continuing appropriation from the conservation fund to DNR
for costs associated with online sales systems for vehicle admission receipts for state
parks, forests, and recreation areas and state trail passes.
Under current law, no person may operate a vehicle in any state park or in
certain other recreational areas on state land unless the vehicle displays a current
vehicle admission receipt. Vehicle admission receipts may currently be purchased
in-person, via phone, at self-registration kiosks, and online. Current law also
requires a state trail pass for certain activities on state trails. State trail passes may
currently be purchased in-person, via phone, and at self-registration kiosks, but not
online.
Campsite electrification
Under current law, DNR is authorized to establish and operate state
campgrounds in state parks, state forests, and other lands under DNR supervision
and management. For campsites located in a state park, DNR may provide and
maintain electric receptacles, subject to certain limitations. One limitation provides
that DNR may provide electric receptacles in no more than 35 percent of all state
park campsites. The bill increases the limit to 40 percent.
General natural resources
Stewardship program; amounts transferred to the capital improvement
fund
Current law authorizes the state to incur public debt for certain conservation
activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 program,
which is administered by DNR. The state may incur this debt to acquire land for the
state for conservation purposes and for property development activities and may
award grants to local governments and nonprofit organizations to acquire land for
these purposes. Current law establishes the amounts that DNR may obligate in each
fiscal year through fiscal year 2025-26 for expenditure under each of five
subprograms of the stewardship program. Moneys obligated under the stewardship
program are appropriated from the capital improvement fund (CIF) and stewardship
bond proceeds are deposited into CIF.
Current law provides that, in obligating moneys under the subprogram for land
acquisition, DNR must set aside certain amounts to be obligated only for DNR to
acquire land and to provide grants to counties for land acquisition (county forest
grants). Specifically, the set-aside for DNR land acquisition each fiscal year is
$1,000,000 plus the amount transferred to CIF under an appropriation that
transfers from moneys received for forestry activities (the forestry account) to CIF
$0 in 2021-22 and $5,000,000 in 2022-23. The set-aside for county forest grants is
equal to the amount transferred to CIF under an appropriation that transfers from
the forestry account to CIF $0 in 2021-22 and $3,000,000 in 2022-23.
The bill maintains in the 2023-25 biennium the amounts in the schedule that
may be transferred to CIF under each appropriation, but provides that the total
amount transferred may not exceed the total amounts in the schedule for both
appropriations less the unobligated balance in CIF at the end of that fiscal year. The
bill also provides that the amount transferred to CIF under each appropriation must
be reduced by the unobligated balance in CIF on a pro rata basis.
Stewardship program; JCF approval
Under current law, generally, for any project or activity for which more than
$250,000 of stewardship moneys are proposed to be obligated, DNR must obtain
written approval for the project or activity from JCF. The bill increases this
threshold to $500,000. The bill also eliminates the requirement that DNR obtain
written approval for obligating stewardship moneys for any land acquisition located
north of STH 64.
The bill also eliminates a requirement under current law that DNR provide a
written directory of all stewardship land that is open for public access.
Wild rice stewardship
The bill appropriates to DNR from the general fund moneys for wild rice
stewardship efforts within the waters of areas where American Indian tribes or
bands hold treaty-based rights to harvest wild rice. The bill provides that not less
than $50,000 of the amounts appropriated for each fiscal year must be allocated for
public education and outreach pertaining to wild rice harvesting.
Terrestrial invasive species prevention
The bill creates an annual appropriation from the conservation fund to DNR for
grants to cooperative invasive species management areas for surveying, monitoring,
and controlling terrestrial invasive species.
Reversion of tribal gaming moneys
Under current law and Indian gaming compacts, Indian tribes make payments
to the state to reimburse the state for costs relating to the regulation of certain
gaming activities. A certain amount of this money is appropriated to be transferred
on an annual basis to several appropriation accounts. At the end of each fiscal year,
unobligated funds from some of the programs that receive tribal gaming revenues
revert to the appropriation account to which Indian gaming receipts are credited.
Under current law, DNR makes a payment to the Lac du Flambeau band of
Lake Superior Chippewa based on the amount of fees collected by DNR for certain
hunting and fishing approvals and the number of certain approvals issued within the
the Lac du Flambeau reservation. DNR makes this payment from an appropriation
that receives tribal gaming revenues.
The bill provides that unencumbered amounts of this appropriation revert to
the appropriation account to which Indian gaming receipts are credited.
Funding from Indian gaming receipts
Current law requires DOA to transfer portions of Indian gaming receipts to
certain DNR appropriations annually. The bill eliminates the requirement to
transfer these amounts to an appropriation that funds snowmobile law enforcement
operations and safety training and fatality reporting and eliminates that
appropriation. The bill makes no change to an appropriation funding the same
purposes from the conservation fund.
Forestry
Public forest regeneration grants
The bill requires DNR to establish a public forest regeneration grant program.
Under that program, DNR awards grants from moneys received for forestry
activities for projects involving reforestation, forest regeneration, and forest
management on public land. The bill provides that a project is eligible for a grant
if it is located on public land owned by a local government or school district or by this
state, except for land under the jurisdiction and control of DNR.
Forestry-industry-wide strategic plan
The bill requires DNR to develop a forestry-industry-wide strategic plan and
road map and to submit a final report on this plan to the Council on Forestry no later
than September 16, 2024.
County forest administration grants and county sustainable forestry
program
The bill separates the existing biennial appropriation for county sustainable
forestry grants and county forest administration grants into two separate biennial
appropriations.
Public utilities
Telecommunications
Broadband expansion grant program
The bill makes various changes to the broadband expansion grant program.
Current law requires PSC to administer the broadband expansion grant
program, under which PSC designates as “underserved” areas of the state that are
served by fewer than two broadband service providers and awards grants to eligible
applicants for the purpose of constructing broadband infrastructure in underserved
areas. The bill changes the purpose of the grant program to constructing broadband
infrastructure in unserved areas. Under current law, “unserved areas” are areas not
served by an Internet service provider (ISP) that 1) is a fixed wireless service or wired
service and 2) provides service at actual speeds of at least 20 percent of the upload
and download speeds for advanced telecommunications capability as designated by
the Federal Communications Commission. The bill adds that the service must be
available, reliable, and affordable and changes the speed standard for an unserved
area to at least actual download speeds of 100 megabits per second and upload speeds
of 20 megabits per second. The bill also allows PSC to adjust those speed standards
every two years if it determines there is good cause to do so in order to align with
changes in technology and actual market conditions, in which case it must publish
the adjusted speed thresholds on its website.
Current law requires PSC to establish criteria for evaluating applications and
awarding grants under the broadband expansion grant program and requires that
the criteria give priority to projects meeting various standards, such as including
matching funds and involving public-private partnerships. Under the bill, the
criteria must require that projects serve unserved areas. The bill specifies that the
criteria must give priority to projects with at least 40 percent matching funds and
higher priority to projects with more than 40 percent matching funds. The bill
specifies that the criteria must give priority to projects that are capable of offering
service at actual download speeds of 100 megabits per second or greater and upload
speeds of 100 megabits per second or greater and higher priority to projects capable
of exceeding those speeds, but allows PSC to adjust these speeds every two years,
similar to the threshold speeds in the definition of “unserved area.” The bill changes
a requirement under current law that the criteria prioritize projects in a large
geographic area to projects in a geographic area that is difficult to connect. The bill
removes a requirement to prioritize projects that will not result in delaying the
provision of broadband service to areas that neighbor areas to be served by the
proposed project.
When evaluating a grant application, the bill requires PSC to consider the
affordability of the service and all federal funding for broadband facilities in the
project area of the proposed project.
The bill adds a procedure by which an ISP in or near a project area proposed
in an application for a broadband expansion grant may challenge the awarding of
that grant. An ISP may challenge the grant if that ISP currently provides available,
reliable, and affordable fixed wireless or wired broadband service to any part of the
project area at minimum download and upload speeds or if that ISP commits to
completing construction of broadband infrastructure and providing available,
reliable, and affordable broadband service to any part of the project area at minimum
download and upload speeds no later than 24 months after the date of the PSC order
awarding grants. The bill requires such a challenger to allow PSC to inspect its
broadband infrastructure to ensure it meets minimum service requirements. The
bill requires PSC to evaluate the challenge and prohibits it from funding any portion
of a project relating to the area that is the subject of the challenge if it determines
as credible the challenging ISP's commitment to provide broadband service that
meets the requirements. If PSC denies funding as a result of such a challenge and
the ISP does not fulfill its commitment, PSC is prohibited from awarding grant
funding to that ISP and the ISP is prohibited from participating in the challenge
process for the following two grant cycles.
The bill provides funding from the general fund for the broadband expansion
grant program in addition to its current funding from the universal service fund,
which consists of moneys that are required to be contributed by certain
telecommunications providers and used to promote access to telecommunications
service, among other purposes. The bill requires PSC to award in each fiscal year
no less than 10 percent of the amount in the schedule under the new appropriation
in fiscal year 2023-24 for the broadband expansion grant program (minimum
amount). However, if the balance in the appropriation is less than the minimum
amount, the bill requires PSC to award the entire remaining balance. Further, if
PSC does not receive sufficient broadband expansion grant applications that meet
the eligibility criteria to award the minimum amount or, if applicable, the remaining
balance, the bill requires PSC to award the maximum amount of broadband
expansion grants possible that fiscal year.
Municipality construction, ownership, or operation of broadband facilities
Current law prohibits, with several exceptions, a municipality from
constructing, owning, or operating a facility for providing video service,
telecommunications service, or broadband service to the public unless 1) the
municipality holds a public hearing on the proposed action, 2) notice of the public
hearing is given, and 3) the municipality prepares and makes available for public
inspection a report estimating the total costs of, and revenues derived from,
constructing, owning, or operating the facility for a period of at least three years. The
bill eliminates the requirement that a municipality prepare and make available for
public inspection that report if the facility is a broadband facility intended to serve
an area designated as unserved by PSC.
Currently, under one of the exceptions, the public hearing and cost report do not
apply to a facility for providing broadband service if 1) the municipality offers use of
the facility on a nondiscriminatory basis to persons who provide broadband service
to end users of the service, 2) the municipality itself does not use the facility to
provide broadband service to end users, and 3) the municipality determines that, at
the time of authorization, the facility does not compete with more than one provider
of broadband service. The bill eliminates the requirements under items 2 and 3 for
facilities that are intended to serve an unserved area. As a result, a municipality is
not required to hold a public hearing or prepare a report for a broadband facility
intended to serve an unserved area if the municipality offers use of the facility on a
nondiscriminatory basis to persons who provide broadband service.
Currently, under another of the exceptions, the public hearing and cost report
do not apply to a facility for providing broadband service to an area within the
boundaries of a municipality if the municipality asks, in writing, each person that
provides broadband service within the boundaries of the municipality whether the
person currently provides broadband service to the area or intends to provide
broadband service to the area within nine months and 1) the municipality does not
receive an affirmative response within 60 days, 2) the municipality determines that
a person who responded does not currently provide broadband service to the area,
and no other person makes the response to the municipality, or 3) the municipality
determines that a person who responded that the person intended to provide
broadband service to the area within nine months did not actually provide the service
within nine months and no other person makes the response to the municipality.
Under the bill, for this exception in the case of an unserved area, rather than
asking whether a person plans to provide broadband service to the area within nine
months, the municipality must ask whether the person intends or actively plans to
provide broadband service to the area within three months.
Broadband line extension grants
The bill requires PSC to make grants to residents of properties that are not
served by a broadband service provider to assist in paying the customer costs
associated with line extension necessary to connect broadband service to the
properties. The maximum size of a broadband line extension grant is $4,000. The
bill also requires PSC to give priority to primary residences and to establish other
criteria for awarding the grants.
