AB150-engrossed,540,118
23.09
(17m) (a) The county board of any county, which by resolution indicates
9its desire to improve the natural environment for game and nongame species on
10county lands entered under s. 28.11, may make application to the department for the
11allocation of funds appropriated for such purposes by s. 20.370
(4) (bq) (5) (as).
AB150-engrossed, s. 1242
12Section
1242
. 23.09 (17m) (a) of the statutes, as affected by 1995 Wisconsin
13Act .... (this act), is amended to read:
AB150-engrossed,540,1714
23.09
(17m) (a) The county board of any county, which by resolution indicates
15its desire to improve the natural environment for
game and nongame species wildlife 16on county lands entered under s. 28.11, may make application to the department for
17the allocation of funds appropriated for such purposes by s. 20.370 (5) (as).
AB150-engrossed,541,219
23.09
(17m) (b) The annual appropriation for each county shall not exceed 5
20cents for each acre entered under s. 28.11, but any funds remaining from the
21appropriation made by s. 20.370
(4) (bq) (5) (as) and unallocated to the counties on
22March 31 of each year may be allotted to any county in an amount not to exceed an
23additional 5 cents per acre under the procedure established in this subsection. These
24aids shall be used to undertake management activities provided in the
1comprehensive county forest land use plan and included in the annual work plan and
2budget.
AB150-engrossed, s. 1244
3Section
1244
. 23.09 (17m) (b) of the statutes, as affected by 1995 Wisconsin
4Act .... (this act), is amended to read:
AB150-engrossed,541,125
23.09
(17m) (b) The annual
appropriation allocation for each county shall not
6exceed
5 10 cents for each acre entered under s. 28.11, but any funds remaining from
7the appropriation made by s. 20.370 (5) (as) and unallocated to the counties on March
831 of each year may be allotted to any county in an amount not to exceed an additional
95 10 cents per acre under the procedure established in this subsection. These aids
10shall be used to undertake
wildlife management activities provided in the
11comprehensive county forest land use plan and included in the annual work plan and
12budget.
AB150-engrossed,541,1614
23.09
(17m) (c)
Management Wildlife management operations shall be limited
15to approved projects designed to benefit
both game and nongame species wildlife and
16the natural environment.
AB150-engrossed,542,218
23.09
(17m) (d) Application shall be made
in the manner and on forms
19prescribed by the department. The as part of the comprehensive county forest land
20use plan prepared under s. 28.11. Before approving the plan, the department shall
21investigate all project proposals to
satisfy itself
make certain that the project is
22feasible, desirable and consistent with
such plans
the plan. If the department
so
23finds, it may make advance payment as it determines to be reasonable and proper 24approves the plan, the department shall pay the aids to the
game wildlife
1management fund account of
any the county.
The county's wildlife management fund
2shall be a nonlapsing account except as provided in pars. (h) and (hg).
AB150-engrossed,542,85
23.09
(17m) (f) Completion of such projects authorized by the department shall
6be certified by a representative of the department. All records of receipts and
7expenditures from the county
game wildlife management fund account shall be
8available to the department for inspection and audit at any time.
AB150-engrossed,542,1410
23.09
(17m) (g) Any unauthorized expenditures from the county
game wildlife 11management fund
account shall be restored to such fund upon demand by the
12department and if not restored shall become a charge against the county and the
13secretary of state shall include such unpaid sums in the state tax levy of the
14respective counties in subsequent years.
AB150-engrossed,542,1916
23.09
(17m) (h) If the amount of the unencumbered balance in a county's
17wildlife management fund account exceeds either of the following, the department
18may demand that the county repay to the department the excess amount to the
19department:
AB150-engrossed,542,2120
1. The amount that is equal to the sum of the allocations received by the county
21for the 3 previous years.
AB150-engrossed,542,2322
2. The amount, as determined by the department, that is required for the
23purposes of this subsection.
AB150-engrossed,543,3
123.09
(17m) (hg) If the unencumbered balance in a county's wildlife
2management fund exceeds both of the amounts specified in par. (h) 1. and 2., the
3department may demand that the county repay either excess amount.
AB150-engrossed,543,85
23.09
(17m) (hr) If the county fails to comply with the department's demand
6under par. (h) or (hg), the applicable excess amount shall become a charge against
7the county, and the secretary of state shall include the amount in the state tax levy
8of the county in subsequent years.
AB150-engrossed,543,1310
23.09
(17m) (i) Expenditures under this subsection on any land withdrawn
11from s. 28.11 and the title to which is transferred by the county to other than a public
12agency shall be reimbursed to the department in an amount not to exceed the
13prorated value of the remaining useful lifetime of the
wildlife habitat development.
AB150-engrossed,543,2315
23.09
(18) (b) The amount of the payment made in a fiscal year to an eligible
16county shall equal the county's proportionate share of the moneys appropriated
17under s. 20.370
(4) (au) (5) (br) for the fiscal year. An eligible county's proportionate
18share shall equal the number of acres within its boundaries that are entered on the
19tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total
20number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that
21same date and that are within the boundaries of counties that are eligible for
22payments under this section, multiplied by the amount appropriated under s. 20.370
23(4) (au) (5) (br) for the fiscal year.
AB150-engrossed,544,132
23.09
(25) (a) The department shall administer an off-the-road Type 1
3motorcycle recreational aid program from moneys appropriated under s. 20.370
(4)
4(bv) (5) (cv). The department shall distribute these funds to towns, villages, cities,
5counties and federal agencies for the acquisition, development, operation and
6maintenance of off-the-road Type 1 motorcycle trails and facilities. The department
7may distribute these funds before July 1, 1989, to towns, villages, cities, counties and
8federal agencies for the acquisition, development, operation and maintenance of
9all-terrain vehicle areas and trails if these areas and trails are also available for use
10by off-the-road Type 1 motorcycles. In addition, the department may expend
11moneys appropriated under s. 20.370
(4) (bv) (5) (cv) for the development and
12maintenance of existing off-the-road Type 1 motorcycle trails at the Black River
13state forest and the Bong state recreation area.
AB150-engrossed,544,1715
23.0915
(1m) Prohibitions on expenditures. (a) 1. The department may not
16expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition of
17land for golf courses or for the development of golf courses.
AB150-engrossed,544,2018
2. Subdivision 1. does not apply to the expenditure of moneys approved under
19an application that was made before April 1, 1995, and that was approved by the
20department before April 10, 1995.
AB150-engrossed,544,2421
(b) The department may not expend moneys from the appropriation under s.
2220.866 (2) (tz) for the acquisition or development of land by a county or other local
23governmental unit or political subdivision if the county, local governmental unit or
24political subdivision acquires the land involved by condemnation.
AB150-engrossed, s. 1262r
1Section 1262r. 23.0915 (1r) (intro.) of the statutes is renumbered 23.0915 (1r)
2(a) (intro.) and amended to read:
AB150-engrossed,545,63
23.0915
(1r) (a) (intro.) Notwithstanding sub. (1g), for fiscal years 1993-94
, 4and 1994-95
and 1995-96, the department shall designate for expenditure for each
5fiscal year $1,900,000 of the moneys appropriated under s. 20.866 (2) (tz) by making
6the following calculations:
AB150-engrossed, s. 1262s
7Section 1262s. 23.0915 (1r) (a) and (c) of the statutes are renumbered 23.0915
8(1r) (a) 1. and 2.
AB150-engrossed,545,1210
23.0915
(1r) (b) Notwithstanding sub. (1g), for fiscal year 1995-96, the
11department shall designate for expenditure $1,008,600 of the moneys appropriated
12under s. 20.866 (2) (tz) by making the following calculations:
AB150-engrossed,545,1413
1. The department shall set aside $1,000,000 to be used only for the Frank
14Lloyd Wright Monona terrace project as provided in s. 23.195.
AB150-engrossed,545,1715
2. For land acquisition, the department shall designate for expenditure $8,600
16for urban river grants under s. 30.277 and for grants under s. 23.096 for the purposes
17under s. 30.277 (2) (a).
AB150-engrossed,545,2219
23.0915
(2) (db) In par. (d), "50% of the designated amount" means 50% of the
20higher of the 2 amounts specified in sub. (1) (a), (c), (d), (e), (f), (g), (h), (i), (j) or (k),
21except that for fiscal year 1995-96 "50% of the designated amount" means 50% of the
22lower of the 2 amounts.
AB150-engrossed,546,424
23.0915
(2g) Funds for Monona terrace project. If all of the money set aside
25under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended
1before July 1,
1996 1998, the department shall make the unexpended moneys
2available for expenditure for land acquisition and for urban river grants under s.
330.277. The moneys expended for the Frank Lloyd Wright Monona terrace project
4are expended as an amount for land acquisition.
AB150-engrossed,546,186
23.0915
(4) Review by joint committee on finance. Beginning on December
731, 1995, the department may not encumber or expend from the appropriation under
8s. 20.866 (2) (tz) for a given project or activity more than $250,000 unless the
9department first notifies the joint committee on finance in writing of the proposed
10encumbrance or expenditure. If the cochairpersons of the committee do not notify
11the department within 14 working days after the date of the department's
12notification that the committee has scheduled a meeting to review the proposed
13encumbrance or expenditure, the department may make the proposed encumbrance
14or expenditure. If, within 14 working days after the date of the department's
15notification, the cochairpersons of the committee notify the department that the
16committee has scheduled a meeting to review the proposed encumbrance or
17expenditure, the department may make the proposed encumbrance or expenditure
18only upon approval of the committee.
AB150-engrossed,546,2420
23.175
(1) (b) "State agency" means any office, department, agency, institution
21of higher education, association, society or other body in state government created
22or authorized to be created by the constitution or any law which is entitled to expend
23moneys appropriated by law, including any authority created under ch. 231
, 233 or
24234 but not including the legislature or the courts.
AB150-engrossed,547,6
123.19
(1) (intro.) The department shall provide in state aid to the city of
2Milwaukee up to $500,000
from the appropriation under s. 20.370 (4) (kb) for a
3conservation project for the Menomonee river if the city appropriates funds by June
430, 1991. Both the funds appropriated by the city and the state aid provided by the
5department shall be for any of the following stages of the project that may be
6undertaken by the city:
AB150-engrossed,547,108
23.195
(4) If all of the money set aside under this section is not expended before
9July 1,
1996 1998, the moneys set aside but not expended shall be treated by the
10department in the manner provided in s. 23.0915 (2g).
AB150-engrossed,547,1212
23.196
Willow flowage project. (1) In this section:
AB150-engrossed,547,1613
(a) "Total amount available" means the expenditure limit for the purpose of
14acquiring land under s. 23.09 (2) (d) 11., as adjusted under s. 23.0915 (2), less the total
15amount the department has expended, encumbered or otherwise committed for that
16purpose from the appropriation under s. 20.866 (2) (tz) before July 1, 1996.
AB150-engrossed,547,1917
(b) "Willow flowage project" means the lands in the Willow flowage and
18surrounding lands in Oneida County that the department determines are necessary
19for the project.
AB150-engrossed,547,23
20(2) (a) The department may acquire and exchange lands for the establishment
21of the Willow flowage project. The priority and allocation requirements under s.
2223.09 (2dm) do not apply to any acquisition of land under this paragraph for which
23moneys appropriated under s. 20.866 (2) (tz) are expended.
AB150-engrossed,548,324
(b) For the purpose of establishing the Willow flowage project, the department
25may expend up to an amount equal to the total amount available for the purchase
1of land. For purposes of ss. 23.09 (2r) (a) 1. and 23.0915 (1), moneys expended under
2this paragraph shall be treated as moneys expended for the lower Wisconsin state
3riverway acquisition.
AB150-engrossed,548,54
(c)
Section 23.15 does not apply to the exchange or other transfer of land by the
5department for the purpose of establishing the Willow flowage project.
AB150-engrossed,548,8
6(3) (a) The board of commissioners of public lands shall sell for cash, at fair
7market value, any of the lands under its jurisdiction that are determined by the
8department to be necessary to effect the sale of land for the Willow flowage project.
AB150-engrossed,548,129
(b) The department shall contract for an independent appraisal to determine
10the fair market value of the land to be sold under par. (a), and the sale of land under
11par. (a) shall be concluded within 90 days after the determination of the fair market
12value.
AB150-engrossed,548,1413
(c) Sections 24.07, 24.08, 24.09, 24.10, 24.11, 24.15 and 24.16 do not apply to
14the sale of land by the board of commissioners of public land under this subsection.
AB150-engrossed,548,1515
(d) This subsection does not apply after June 30, 1999.
AB150-engrossed,548,1817
23.32
(3) (a) The department may sell, and may enter into contracts to sell,
18wetland maps. The fees for the maps shall be as follows:
AB150-engrossed,548,1919
1. For each paper map, $5.
AB150-engrossed,548,2020
2. For each aerial photograph, $10.
AB150-engrossed,548,2121
3. For each copy of a digital wetland database covering one township, $15.
AB150-engrossed,548,2422
(b) The department, by rule, may increase any fee specified in par. (a). Any
23increased fee must at least equal the amount necessary to cover the costs of
24preparing, producing and selling the wetland maps.
AB150-engrossed,549,6
123.33
(9) (a)
Administration and enforcement. The department may utilize up
2to 50% of the moneys received under sub. (2) for the purposes specified under s.
320.370 (3) (as),
(4) (fu) (5) (er) and
(iu) (mu) and (8) (ds) including costs associated
4with registration, enforcement, safety education, accident reports and analysis, law
5enforcement aids to counties, aids administration and other similar costs in
6administering and enforcing this section.
AB150-engrossed,549,138
23.33
(9) (b) 1. The department shall utilize at least 50% of the moneys received
9under sub. (2) for state all-terrain vehicle projects and for aid to towns, villages,
10cities, counties or federal agencies for nonstate all-terrain vehicle projects. The
11department shall utilize all the moneys credited to the appropriation under s. 20.370
12(4) (bz) (5) (ct) for aid to towns, villages, cities, counties or federal agencies for
13nonstate all-terrain vehicle projects.
AB150-engrossed,549,1816
23.405
(2) (a) The department may charge the participants in a departmental
17environmental education program fees to cover the costs of the program. The amount
18charged may not exceed the costs of conducting the program.
AB150-engrossed,549,2119
(b) The fees collected by the department under par. (a) for the use of the
20MacKenzie environmental center shall be deposited in the general fund and credited
21to the appropriation under s. 20.370 (5) (gb).
AB150-engrossed,550,923
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
24court to recover forfeitures, penalty assessments, jail assessments, applicable
25weapons assessments, applicable environmental assessments, applicable wild
1animal protection assessments, applicable natural resources assessments,
2applicable fishing shelter removal assessments, applicable snowmobile registration
3restitution payments and applicable natural resources restitution payments for
4violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2)
5to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77,
6this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules
7promulgated thereunder, violations of rules of the Kickapoo valley governing board
8under s.
16.21 41.41 (7) (k) or violations of local ordinances enacted by any local
9authority in accordance with s. 23.33 (11) (am) or 30.77.
AB150-engrossed,551,211
23.53
(1) The citation created under this section shall, in all actions to recover
12forfeitures, penalty assessments, jail assessments, applicable weapons assessments,
13applicable environmental assessments, applicable wild animal protection
14assessments, applicable natural resources assessments, applicable fishing shelter
15removal assessments, applicable snowmobile registration restitution payments and
16applicable natural resources restitution payments for violations of those statutes
17enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and
18any rule of the Kickapoo valley governing board under s.
16.21 41.41 (7) (k) be used
19by any law enforcement officer with authority to enforce those laws, except that the
20uniform traffic citation created under s. 345.11 may be used by a traffic officer
21employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement
22agency of a municipality or county or a traffic officer employed under s. 110.07 in
23enforcing s. 159.81. In accordance with s. 345.11 (1m), the citation shall not be used
24for violations of ch. 350 relating to highway use. The citation may be used for
1violations of local ordinances enacted by any local authority in accordance with s.
223.33 (11) (am) or 30.77.
AB150-engrossed,551,104
23.56
(1) A person may be arrested for a violation of those statutes enumerated
5in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the
6Kickapoo valley governing board under s.
16.21 41.41 (7) (k), or any local ordinances
7enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after
8a warrant that substantially complies with s. 968.04 has been issued. Except as
9provided in sub. (2), the person arrested shall be brought without unreasonable delay
10before a court having jurisdiction to try the action.
AB150-engrossed,551,1712
23.57
(1) (intro.) A person may be arrested without a warrant when the
13arresting officer has probable cause to believe that the person is committing or has
14committed a violation of those statutes enumerated in s. 23.50 (1), any
15administrative rules promulgated thereunder, any rule of the Kickapoo valley
16governing board under s.
16.21 41.41 (7) (k), or any local ordinances enacted by any
17local authority in accordance with s. 23.33 (11) (am) or 30.77; and: