SB376: Bill Text

SB376,2,7 23.095 (1g) (title) General prohibition. It is unlawful to unreasonably waste, injure, destroy or impair No person may damage or attempt to damage any natural resource within the state.

SB376, s. 3 Section 3. 23.095 (1) of the statutes is created to read:

SB376,2,10 23.095 (1) Definition. In this section, "damage" means destroy, molest, deface, remove or unreasonably waste.

SB376, s. 4 Section 4. 23.095 (1m) of the statutes is created to read:

SB376,2,14 23.095 (1m) Prohibition on department land. No person may damage or attempt to damage any natural resource or any archaeological feature on land under the jurisdiction of the department except as authorized by the department.

SB376, s. 5 Section 5. 23.095 (2) of the statutes is repealed.

SB376, s. 6 Section 6. 23.095 (3) (title) of the statutes is created to read:

SB376,2,17 23.095 (3) (title) Penalties.

SB376, s. 7 Section 7. 23.095 (3) of the statutes is renumbered 23.095 (3) (a) and amended to read:

SB376,2,21 23.095 (3) (a) Any person who violates this section sub.(1g) shall forfeit not more than $50 $100.

SB376, s. 8 Section 8. 23.095 (3) (b) of the statutes is created to read:

SB376,3,3 23.095 (3) (b) Except as provided in pars. (c) and (d), any person who violates sub. (1m) shall forfeit not more than $200.

SB376, s. 9 Section 9. 23.095 (3) (c) of the statutes is created to read:

SB376,3,8 23.095 (3) (c) If a person violates sub. (1m) and the violation involves damage of or an attempt to damage a natural resource and the violation occurs on land in a state natural area, as defined in s. 23.27 (1) (h), the person shall forfeit not more than $2,000.

SB376, s. 10 Section 10. 23.095 (3) (d) of the statutes is created to read:

SB376,3,12 23.095 (3) (d) If a person violates sub. (1m) and the violation involves damage of or an attempt to damage an archaeological feature, the person shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB376, s. 11 Section 11. 23.095 (4) of the statutes is created to read:

SB376,3,17 23.095 (4) Other enforcement. (a) In addition to the penalties specified under sub. (3), for a violation of this section or any rule promulgated by the department that relates to natural resources or archaeological features being damaged, the court may do any of the following:

SB376,3,20 1. Order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest in natural resources or archaeological features.

SB376,3,22 2. Order the defendant to abate the defendant's activity that is damaging the natural resource or archaeological feature.

SB376,3,24 3. Order the defendant to restore the natural resource or archaeological feature.

SB376,4,2 4. Enter a judgment for a monetary amount that equals the value of the loss caused by the defendant's damaging the natural resource or archaeological feature.

SB376,4,4 5. Enter a judgment for the costs of replacing, restoring or repairing the natural resource or archaeological feature.

SB376,4,6 6. Order the defendant to take any other appropriate action to eliminate or minimize any environmental damage caused by the defendant's violation.

SB376,4,9 (b) For purposes of par. (a) 4., if the natural resource is a wild animal listed under s. 29.9965 (1) (b), the monetary amount shall equal the amount that is applicable to that wild animal under s. 29.9965 (1) (b).

SB376, s. 12 Section 12. 27.01 (14) of the statutes is renumbered 27.067 and amended to read:

SB376,4,17 27.067 (title) Penalties for damage in county parks. The penalties for the destruction of any notices, posted by the department a county, or for the breaking, tearing up or marring of trees, vines, shrubs or flowers, the dislocation of stones or the disfigurement of natural conditions within the boundaries of any state or county parks park or state fish hatchery grounds shall be the same as those provided in s. 26.19 (1).

SB376, s. 13 Section 13. Initial applicability.

SB376,4,20 (1) This act first applies to offenses committed on the effective date of this subsection.

SB376,4,21 (End)