Wisconsin Legislature: LRB-2882/4

(Seal) STATE OF WISCONSIN

DEPARTMENT OF TOURISM AND PARKS.

By .... ....

(3) The department of shall furnish to each state park ranger at the time of the ranger's appointment, a pocket identification folder in the same form and substance as the folder described in s. 23.10 (5), except that the impression shall be the seal of the department.

(4) A state park ranger shall carry the identification folder on his or her person at all times that he or she is on official duty, and a state park ranger shall on demand exhibit the same to any person to whom he or she may represent himself or herself as a state park ranger.

SECTION 1518. 27.94 of the statutes is created to read:

27.94 Resisting or falsely impersonating a state park ranger. Any person who does any of the following shall be subject to the penalty specified in s. 939.51 (3) (a):

(1) Assaults or otherwise resists or obstructs any state park ranger in the performance of his or her duties.

(2) Falsely represents himself or herself to be a state park ranger or assumes to act as a state park ranger without having been first duly appointed.

SECTION 1519. 27.95 of the statutes is created to read:

27.95 Liability of vehicle owners. (1) LIABILITY. (a) If the department finds a vehicle in a vehicle admission area, as defined in s. 27.01 (7) (a) 3., that does not have a valid sticker affixed to it and the department cannot locate the operator of the vehicle, the owner of the vehicle shall be presumed liable for a violation of s. 27.01 (7) (b).

(b) Notwithstanding par. (a), no owner of a vehicle involved in a violation of s. 27.01 (7) (b) may be convicted under this section if the person who, at the time of the violation, is operating the vehicle or who has the vehicle under his or her control has been convicted for the violation under par. (a) or s. 27.01 (7) (b).

(2) DEFENSES. The following are defenses to the imposition of liability under sub. (1):

(a) That a report that the vehicle was stolen was given to the department before the violation occurred or within a reasonable time after the violation occurred.

(b) If the owner of the vehicle provides the department with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the department to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under sub. (1) or s. 27.01 (7) (b).

(c) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides the department with the information required under s. 343.46 (3), then the lessee and not the lessor shall be liable under sub. (1) or s. 27.01 (7) (b).

(d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides the department with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under sub. (1) or s. 27.01 (7) (b)

****NOTE: This is a conceptual reconcile transferring the creation of s. 27.01 (7) (hg) and (hr) to 27.95. This SECTION has been affected by LRB-2161 and LRB-1016.

SECTION 1520. 27.98 of the statutes is amended to read:

27.98 General penalty provision. Any person who violates any provision of this chapter or any department rule or order promulgated by the department of tourism and parks or by the department of natural resources under this chapter for which no other penalty is prescribed is subject to a forfeiture of not more than $100.

SECTION 1521. 28.005 of the statutes is renumbered 28.005 (intro.) and amended to read:

28.005 (title) Definition Definitions. (intro.) "Department" when When used in this chapter without other words of description or qualification:

(1) "Department" means the department of natural resources.

SECTION 1522. 28.005 (2) of the statutes is created to read:

28.005 (2) "Southern state forest" means a state forest that is located within the region specified in s. 25.29 (7) (a).

SECTION 1523. 28.01 of the statutes is amended to read:

28.01 Forestry supervision. The department of natural resources shall execute all matters pertaining to forestry within the jurisdiction of the state, direct the management of state forests, except for the southern state forests, collect data relative to forest use and conditions and advance the cause of forestry within the state. The department of tourism and parks shall direct the management of the southern state forests.

SECTION 1524. 28.02 (1) of the statutes is amended to read:

28.02 (1) DEFINED. State forests lands include all lands granted to the state by an act of congress entitled, "An act granting lands to the state of Wisconsin for forestry purposes," approved June 27, 1906; all lands donated to the state by the Nebagamon Lumber Company for forestry purposes; all lands acquired pursuant to chapter 450, laws of 1903, chapter 264, laws of 1905, chapter 638, laws of 1911, and chapter 639, laws of 1911, or under ss. 1494-41 to 1494-62, 1915 stats., and all lands subsequently acquired for forestry purposes. Unless an island is designated as state forest land by the department, state forest lands do not include lands granted to the state by an act of congress entitled, "An act granting unsurveyed and unattached islands to the state of Wisconsin for forestry purposes," approved August 22, 1912. The department of natural resources and the department of tourism and parks may designate as state forest lands any lands within state forest boundaries which were purchased with other conservation funds and where forestry would not conflict with a more intensive use. The department of natural resources may make this designation for state forests, other than southern state forests, and the department of tourism and parks may make this designation for the southern state forests.

SECTION 1525. 28.02 (2) of the statutes is amended to read:

28.02 (2) (title) ACQUISITION BY DEPARTMENT OF NATURAL RESOURCES. The department may acquire lands or interest in lands by grant, devise, gift, condemnation or purchase within the boundaries of established state forests, other than southern state forests, or within purchase areas; and outside of such boundaries for forest nurseries, tracts for forestry research or demonstration and for forest protection structures, or for access to such properties. In the case of condemnation the department shall first obtain approval from the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof of each house.

SECTION 1526. 28.02 (5) of the statutes is amended to read:

28.02 (5) EASEMENTS. The For state forests other than southern state forests, the department of natural resources may grant easements for a right-of-way for public or private roads or public utility lines, or for flowage rights where it finds that any such use at the designated location does not conflict with the planned development of the forest. The department of tourism and parks may do the same for the southern state forests. Easements for public roads shall be granted for a nominal sum; in all other cases the appraised value shall be required in payment.

SECTION 1527. 28.11 (5) (a) of the statutes is amended to read:

28.11 (5) (a) A comprehensive county forest land use plan shall be prepared for a 10-year period by the county forestry committee with the assistance of technical personnel from the department and other interested agencies, and shall be approved by the county board and the department. The plan shall include land use designations, land acquisition, forest protection, annual allowable timber harvests, recreational developments, fish and game wildlife management activities, roads, silvicultural operations and operating policies and procedures; it shall include a complete inventory of the county forest and shall be documented with maps, records and priorities showing in detail the various projects to be undertaken during the plan period. The plan may include an application for aids under s. 23.09 (17m). The application will be considered an annual application for these aids during the 10-year period of the plan. The initial plan shall be completed within 2 years from October 2, 1963 and may be revised as changing conditions require and shall be revised upon expiration of the plan period.

SECTION 1528. 28.11 (5m) of the statutes is amended to read:

28.11 (5m) GRANTS FOR COUNTY FOREST ADMINISTRATORS. The department may make grants, from the appropriation under s. 20.370 (4) (av) (5) (bw), to counties having lands entered under sub. (4) to fund up to 50% of the salary of one professional forester in the position of county forest administrator or assistant county forest administrator. The department may not make a grant under this subsection for a year for which the department has not approved the annual work plan that was approved by the county board under sub. (5) (b).

SECTION 1529. 28.11 (8) (a) of the statutes is amended to read:

28.11 (8) (a) Acreage payments. As soon after April 20 of each year as feasible, the department shall pay to each town treasurer 30 cents per acre, based on the acreage of such lands as of the preceding June 30, as a grant out of the appropriation made by s. 20.370 (4) (ar) (5) (bv) on each acre of county lands entered under this section.

SECTION 1530. 28.11 (8) (b) 1. of the statutes is amended to read:

28.11 (8) (b) 1. A county having established and maintaining a county forest under this section is eligible to receive from the state from the appropriations under s. 20.370 (4) (at) and (aw) (5) (bq) and (bs) an annual payment as a noninterest bearing loan to be used for the purchase, development, preservation and maintenance of the county forest lands and the payment shall be credited to a county account to be known as the county forestry aid fund. A county board may, by a resolution adopted during the year and transmitted to the department by December 31, request to receive a payment of not more than 50 cents for each acre of land entered and designated as "county forest land". The department shall review the request and approve the request if the request is found to be consistent with the comprehensive county forest land use plan. If any lands purchased from the fund are sold, the county shall restore the purchase price to the county forestry aid fund. The department shall pay to the county the amount due to it on or before March 31 of each year, based on the acreage of the lands as of the preceding June 30. If the amounts in the appropriations under s. 20.370 (4) (at) and (aw) (5) (bq) and (bs) are not sufficient to pay all of the amounts approved by the department under this subdivision, the department shall pay eligible counties on a prorated basis.

SECTION 1531. 28.11 (8) (b) 2. of the statutes is amended to read:

28.11 (8) (b) 2. The department may allot additional interest free forestry aid loans on a project basis to individual counties to permit the counties to undertake meritorious and economically productive forestry operations, including land acquisitions. These additional aids may not be used for the construction of recreational facilities or for fish and game management projects. Application shall be made in the manner and on forms prescribed by the department and specify the purpose for which the additional aids will be used. The department shall make an investigation as it deems necessary to satisfy itself that the project is feasible, desirable and consistent with the comprehensive plan. If the department so finds, it may make allotments in such amounts as it determines to be reasonable and proper and charge the allotments to the forestry fund account of the county. These allotments shall be credited by the county to the county forestry aid fund. After determining the loans as required under subd. 1., the department shall make the remainder of the amounts appropriated under s. 20.370 (4) (at) and (aw) (5) (bq) and (bs) for that fiscal year available for loans under this subdivision. The department shall also make loans under this subdivision from the appropriations under s. 20.370 (4) (ax) (5) (bt) and (ay) (bu).

SECTION 1532. 28.11 (9) (am) of the statutes is amended to read:

28.11 (9) (am) The acreage loan severance share payments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (4) (aw) (5) (bq), and the project loan severance share payments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (4) (ay) (5) (bu).

SECTION 1533. 28.11 (9) (ar) 1. of the statutes is amended to read:

28.11 (9) (ar) 1. Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriations under s. 20.370 (4) (aw), (ax) (5) (bq), (bt) and (ay) (bu) exceeds $400,000 on June 30 of any fiscal year, the amount in excess of $400,000 shall lapse from the appropriation under s. 20.370 (4) (aw) (5) (bq) to the conservation fund, except as provided in subd. 2.

SECTION 1534. 28.11 (9) (ar) 2. of the statutes is amended to read:

28.11 (9) (ar) 2. Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation under s. 20.370 (4) (aw) (5) (bq) is insufficient for the amount that must lapse under subd. 1., the remainder that is necessary for the lapse shall lapse from the appropriation under s. 20.370 (4) (ay) (5) (bu).

SECTION 1535. 29.05 (2) of the statutes is amended to read:

29.05 (2) ADDITIONAL ARREST POWERS. In addition to the arrest powers under sub. (1), a conservation warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the conservation warden makes an arrest without the presence of another law enforcement agency, the conservation warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The conservation warden shall be available as a witness for the state. A conservation warden may not conduct investigations for violations of state law except as authorized in sub. (3) and ss. 16.21 27.41 (12) and 23.11 (4). A conservation warden acting under the authority of this subsection is considered an employe of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.

SECTION 1536. 29.05 (10) of the statutes is amended to read:

29.05 (10) EXEMPTION FROM LIABILITY. Members of the natural resources board, and each Each warden, in the performance of official duties, shall be exempt from any and all liability to any person for acts done or permitted or property destroyed by authority of law. In any action brought against any board member or warden involving any official action, the district attorney of the county in which the action is commenced shall represent such board member or the warden. No taxable costs or attorney fees shall be allowed to either party in said the action.

SECTION 1537. 29.09 (9m) (am) of the statutes is created to read:

29.09 (9m) (am) Bonus deer hunting permit.

SECTION 1538. 29.09 (9r) of the statutes is created to read:

29.09 (9r) HANDLING FEES FOR APPLICATIONS FOR CERTAIN APPROVALS. (a) In addition to any other fee imposed under s. 29.092, the department may collect handling fees for the approvals that the department itself issues. The handling fees shall cover the costs associated with paying for approvals that are requested by mail, telephone or electronic means.

(b) If the department collects handling fees under par. (a), it shall promulgate rules to designate the approvals to which the fees shall apply and to establish the amounts of the fees. The fees may not be more than the amounts necessary to cover the handling costs of issuing the approvals. In this paragraph, "handling costs" includes credit transaction fees, mailing costs and personnel costs that are necessary to process the credit transaction.

(c) Any fees collected under this subsection shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (1) (Lu).

SECTION 1539. 29.092 (2) (a) of the statutes, as affected by 1993 Wisconsin Act 153, is amended to read:

29.092 (2) (a) Resident small game. Except as provided in sub. (3v) (a) 1. and (am), the fee for a resident small game hunting license is $10.25 $12.25.

SECTION 1540. 29.092 (2) (c) of the statutes is amended to read:

29.092 (2) (c) Resident deer. The fee for a resident deer hunting license is $16.25 $20.25.

SECTION 1541. 29.092 (2) (d) of the statutes is amended to read:

29.092 (2) (d) Resident bear. The fee for a resident bear hunting license is $5 $10.25.

SECTION 1542. 29.092 (2) (e) of the statutes is amended to read:

29.092 (2) (e) Resident archer. The fee for a resident archer hunting license is $16.25 $20.25.

****NOTE: The fee change for a resident wild turkey license is in LRB# 95-0966.

SECTION 1543. 29.092 (2) (em) of the statutes is amended to read:

29.092 (2) (em) Resident wild turkey. The fee for a resident wild turkey hunting license is $7.25 $11.25.

SECTION 1544. 29.092 (2) (f) of the statutes is amended to read:

29.092 (2) (f) Nonresident annual small game. The fee for a nonresident annual small game hunting license is $68.25 $73.25.

SECTION 1545. 29.092 (2) (g) of the statutes is amended to read:

29.092 (2) (g) Nonresident 5-day small game. The fee for a nonresident 5-day small game hunting license is $38.25 $43.25.

SECTION 1546. 29.092 (2) (h) of the statutes is amended to read:

29.092 (2) (h) Nonresident deer. The fee for a nonresident deer hunting license is $118.25 $128.25.

SECTION 1547. 29.092 (2) (i) of the statutes is amended to read:

29.092 (2) (i) Nonresident bear. The fee for a nonresident bear hunting license is $20 $48.25.

SECTION 1548. 29.092 (2) (j) of the statutes is amended to read:

29.092 (2) (j) Nonresident fur-bearing animal. The fee for a nonresident fur-bearing animal hunting license is $138.25 $148.25.

SECTION 1549. 29.092 (2) (k) of the statutes is amended to read:

29.092 (2) (k) Nonresident archer. The fee for a nonresident archer hunting license is $118.25 $128.25.

****NOTE: The fee change for a nonresident wild turkey hunting license is in LRB #95-0996.

SECTION 1550. 29.092 (2) (kd) of the statutes is amended to read:

29.092 (2) (kd) Nonresident wild turkey. The fee for a nonresident wild turkey hunting license is $49.25 $59.25.

SECTION 1551. 29.092 (2) (kg) of the statutes is amended to read:

29.092 (2) (kg) Resident bear harvest permit. The fee for a resident bear harvest permit is $30 $40.

SECTION 1552. 29.092 (2) (kr) of the statutes is amended to read:

29.092 (2) (kr) Nonresident bear harvest permit. The fee for a nonresident bear harvest permit is $120 $150.

****NOTE: The fee change for a wild turkey hunting stamp is in LRB #95-0996.

SECTION 1553. 29.092 (2) (L) of the statutes is amended to read:

29.092 (2) (L) Wild turkey hunting stamp. The fee for a wild turkey hunting stamp is $5 $2.75.