AB150: Bill Text

AB150,618,5 27.0134 (3m) (b) (intro.) Beginning July 1, 1990, the department of natural resources may expend an amount from the appropriation under s. 20.866 (2) (tz) that equals any of the following:

AB150, s. 1317 Section 1317. 23.175 (3) (b) 1. of the statutes is renumbered 27.0134 (3m) (b) 1.

AB150, s. 1318 Section 1318. 23.175 (3) (b) 2. of the statutes is renumbered 27.0134 (3m) (b) 2.

AB150, s. 1319 Section 1319. 23.175 (4) of the statutes is renumbered 27.0134 (4) and amended to read:

AB150,618,16 27.0134 (4) Limits on spending. Except as provided in s. 23.0915 (2), the department of natural resources may not expend more than $1,000,000 under this section for trails and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount, the department of natural resources may not expend more than $500,000 under sub. (3) (3m) (b) in each fiscal year.

AB150, s. 1320 Section 1320. 23.175 (5) of the statutes is renumbered 27.0134 (5).

AB150, s. 1321 Section 1321. 23.175 (5m) of the statutes is renumbered 27.0134 (5m).

AB150, s. 1322 Section 1322. 23.175 (6) of the statutes is renumbered 27.0134 (6) and amended to read:

AB150,618,22 27.0134 (6) Other trails. This section does not limit the authority of the department to designate other trails under s. 23.115 27.0137.

AB150, s. 1323 Section 1323. 23.19 (1) of the statutes is repealed.

AB150, s. 1324 Section 1324. 23.26 (3) of the statutes is amended to read:

AB150,619,6 23.26 (3) Advise the department of natural resources, the department of tourism and parks and other agencies on matters pertaining to the acquisition, development, utilization, maintenance and withdrawal of state natural areas, including determinations as to the extent of multiple use that may be allowed on state natural areas that are a part of a state park, state forest, public hunting ground or similar areas under state ownership or control.

AB150, s. 1325 Section 1325. 23.293 (title) of the statutes is renumbered 27.0136 (title).

AB150, s. 1326 Section 1326. 23.293 (1) (intro.) of the statutes is renumbered 27.0136 (1) (intro.).

AB150, s. 1327 Section 1327. 23.293 (1) (a) of the statutes is renumbered 27.0136 (1) (a).

AB150, s. 1328 Section 1328. 23.293 (1) (b) of the statutes is renumbered 27.0136 (1) (b).

AB150, s. 1329 Section 1329. 23.293 (1) (c) of the statutes is renumbered 27.0136 (1) (c) and amended to read:

AB150,619,15 27.0136 (1) (c) "State ice age trail area" means the trail designated under s. 23.17 (2) 27.0135 (2).

AB150, s. 1330 Section 1330. 23.293 (1) (d) of the statutes is renumbered 27.0136 (1) (d).

AB150, s. 1331 Section 1331. 23.293 (2) of the statutes is renumbered 27.0136 (2).

AB150, s. 1332 Section 1332. 23.293 (3) of the statutes is renumbered 27.0136 (3).

AB150, s. 1333 Section 1333. 23.293 (4) of the statutes is renumbered 27.0136 (4) and amended to read:

AB150,620,6 27.0136 (4) Contributions and gifts; state match. The department may accept contributions and gifts for the ice age trail program. The department may convert gifts of land which it determines are not appropriate for the ice age trail program into cash. The department may convert other noncash contributions and gifts into cash. These moneys shall be deposited in the general fund and credited to the appropriation under s. 20.370 (1) (gg) 20.380 (1) (g). An amount equal to the value of all contributions and gifts shall be released from the appropriation under s. 20.866 (2) (tw) or (tz) or both to be used for land acquisition and development activities under s. 23.17 27.0135. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under s. 20.866 (2) (tz) before July 1, 1990.

AB150, s. 1334 Section 1334. 23.293 (5) of the statutes is renumbered 27.0136 (5) and amended to read:

AB150,620,25 27.0136 (5) Land dedications; valuation; state match. The department shall determine the value of land accepted for dedication under the ice age trail program. If the land dedication involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation of the land shall be based on the fair market value of the land before the transfer. If the land dedication involves the transfer of a partial interest in land to the state, the valuation of the land shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the land dedication involves a sale of land to the department at less than the fair market value, the valuation of the land shall be based on the difference between the purchase price and the fair market value. An amount equal to the valuation of the land accepted for dedication under the ice age trail program shall be released from the appropriation under s. 20.866 (2) (tw) or (tz) or both to be used for ice age trail acquisition activities under s. 23.17 27.0135. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under s. 20.866 (2) (tz) before July 1, 1990. This subsection does not apply to dedications of land under the ownership of the state.

AB150, s. 1335 Section 1335. 23.293 (6) to (20) of the statutes are renumbered 27.0136 (6) to (20).

AB150, s. 1336 Section 1336. 23.30 (3) (intro.) of the statutes is amended to read:

AB150,621,8 23.30 (3) Natural Secretary of natural resources board. (intro.) The natural resources board is the body through which all All governmental agencies and nongovernmental agencies may coordinate their policies, plans and activities with regard to Wisconsin outdoor recreation resources through the secretary. To this end it the secretary shall:

AB150, s. 1337 Section 1337. 23.30 (3) (b) of the statutes is amended to read:

AB150,621,15 23.30 (3) (b) Coordinate the development of a comprehensive long-range plan for the acquisition and development of areas necessary for a statewide system of recreational facilities. The comprehensive plan shall be based upon the outdoor recreation plans of the several state agencies and local governmental agencies, and shall be coordinated and modified as the board deems secretary determines is necessary to comply with its the policies and standards recommended under par. (a).

AB150, s. 1338 Section 1338. 23.30 (3) (c) of the statutes is amended to read:

AB150,621,20 23.30 (3) (c) Recommend to the legislature outdoor recreation program appropriations and allocations which, in conjunction with other financial sources supporting outdoor recreation resources, are necessary to carry out plans coordinated by the board secretary.

AB150, s. 1339 Section 1339. 23.30 (3) (d) of the statutes is amended to read:

AB150,621,24 23.30 (3) (d) Consider progress reports from state agencies to determine that all state appropriations for outdoor recreation are being so expended that the policies and plans formulated by the board secretary will be accomplished.

AB150, s. 1340 Section 1340. 23.30 (3) (f) of the statutes is amended to read:

AB150,622,5 23.30 (3) (f) Advise concerned federal agencies concerned of the pattern in which all federal outdoor recreation resources financial assistance and loan programs to state and local governmental agencies and to nongovernmental associations and private individuals will most completely implement the policies and plans of the board secretary.

AB150, s. 1341 Section 1341. 23.30 (3) (g) of the statutes is amended to read:

AB150,622,9 23.30 (3) (g) Negotiate agreements between concerned agencies concerned when in the board's secretary's judgment there is an overlap of authority or responsibilities in the completion of a project.

AB150, s. 1342 Section 1342. 23.30 (4) of the statutes is created to read:

AB150,622,13 23.30 (4) Consultation with tourism and parks. In carrying out his or her duties under sub. (3) and his or her duties and powers under s. 23.31, the secretary shall consult with the department of tourism and parks.

AB150, s. 1343 Section 1343. 23.305 (title) of the statutes is amended to read:

AB150,622,16 23.305 (title) Leasing of department land certain lands for recreational purposes.

AB150, s. 1344 Section 1344. 23.305 (2) of the statutes is renumbered 23.305 (2) (intro.) and amended to read:

AB150,622,19 23.305 (2) (intro.) Notwithstanding ss. 23.30 and 28.04, the:

AB150,622,23 (a) The department of tourism and parks may lease state park land or state forest land in state parks, southern state forests or state recreation areas to towns, villages or counties for outdoor recreational purposes associated with spectator sports.

AB150, s. 1345 Section 1345. 23.305 (2) (b) of the statutes is created to read:

AB150,623,3 23.305 (2) (b) The department of natural resources may lease land in state forests that are not southern state forests to towns, villages or counties for outdoor recreational purposes associated with spectator sports.

AB150, s. 1346 Section 1346. 23.31 (1) (a) of the statutes is amended to read:

AB150,623,9 23.31 (1) (a) To provide and develop recreation resources facilities within this state, the natural resources board secretary, subject to the limits provided in s. 20.866 (2) (tp), (ts) and (tt), may direct that state debt be contracted for providing recreation resources facilities or making additions to existing recreation resources facilities.

AB150, s. 1347 Section 1347. 23.31 (1) (b) of the statutes is amended to read:

AB150,623,19 23.31 (1) (b) With their the biennial budget request to the department of administration, the natural resources board department shall include its request and plan for recreational acquisition and development funding under s. 23.30. This plan shall be approved by the governor and shall contain the policies regarding the priority types of land to be acquired and the nature and categories of the developments to be undertaken. Changes in priority types of land to be acquired and in categories of developments may not be made without approval of the governor. Any deviation which the governor approves shall be reviewed by the joint committee on finance.

AB150, s. 1348 Section 1348. 23.32 (3) of the statutes is created to read:

AB150,623,22 23.32 (3) (a) The department may sell, and may enter into contracts to sell, wetland maps. The fees for the maps shall be as follows:

AB150,623,23 1. For each paper map, $5.

AB150,623,24 2. For each aerial photograph, $10.

AB150,623,25 3. For each copy of a digital wetland database covering one township, $15.

AB150,624,3 (b) The department, by rule, may increase any fee specified in par. (a). Any increased fee must at least equal the amount necessary to cover the costs of preparing, producing and selling the wetland maps.

AB150, s. 1349 Section 1349. 23.33 (8) (c) of the statutes is amended to read:

AB150,624,8 23.33 (8) (c) Trails. A town, village, city, county or, the department of natural resources or the department of tourism and parks may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.

AB150, s. 1350 Section 1350. 23.33 (9) (a) of the statutes is amended to read:

AB150,624,15 23.33 (9) (a) Administration and enforcement. The department may utilize up to 50% of the moneys received under sub. (2) for the purposes specified under s. 20.370 (3) (as), (4) (fu) (5) (er) and (iu) (mu) and (8) (ds) including costs associated with registration, enforcement, safety education, accident reports and analysis, law enforcement aids to counties, aids administration and other similar costs in administering and enforcing this section.

AB150, s. 1351 Section 1351. 23.33 (9) (b) 1. of the statutes is amended to read:

AB150,624,22 23.33 (9) (b) 1. The department shall utilize at least 50% of the moneys received under sub. (2) for state all-terrain vehicle projects and for aid to towns, villages, cities, counties or federal agencies for nonstate all-terrain vehicle projects. The department shall utilize all the moneys credited to the appropriation under s. 20.370 (4) (bz) (5) (ct) for aid to towns, villages, cities, counties or federal agencies for nonstate all-terrain vehicle projects.

AB150, s. 1352 Section 1352. 23.33 (9) (b) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,625,6 23.33 (9) (b) 1. At least 50% of the moneys received under sub. (2) shall be utilized for state all-terrain vehicle projects and for aid to towns, villages, cities, counties or federal agencies for nonstate all-terrain vehicle projects. The department shall utilize all the moneys credited to the appropriation under s. 20.370 (5) (ct) for aid to towns, villages, cities, counties or federal agencies for nonstate all-terrain vehicle projects.

****Note: This is reconciled s. 23.33 (9) (b) 1. This Section has been affected by drafts with the following LRB numbers: LRB-869 and LRB-2161.

AB150, s. 1353 Section 1353. 23.33 (9m) of the statutes is created to read:

AB150,625,12 23.33 (9m) Trails in the state park system. The department of tourism and parks shall administer, develop and maintain the all-terrain vehicle trails in the state park system. From the appropriation under s. 20.380 (1) (t), the department may expend moneys for any of the state all-terrain vehicle projects specified under sub. (9) (b) 2.

AB150, s. 1354 Section 1354. 23.33 (12) (a) of the statutes is amended to read:

AB150,625,18 23.33 (12) (a) An officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), conservation warden appointed by the department under s. 23.10, state park ranger appointed under s. 27.92, county sheriff or municipal peace officer has authority and jurisdiction to enforce this section and ordinances enacted in conformity with this section.

AB150, s. 1355 Section 1355. 23.405 of the statutes is renumbered 23.405 (1).

AB150, s. 1356 Section 1356. 23.405 (2) of the statutes is created to read:

AB150,625,23 23.405 (2) The department may charge the participants in a departmental environmental education program fees to cover the costs of the program. The amount charged may not exceed the costs of conducting the program.

AB150, s. 1357 Section 1357. 23.49 of the statutes is amended to read:

AB150,626,7 23.49 Credit card use charges. The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the state treasurer shall pay the charges from moneys received under s. 59.20 (8) and (8m) that are reserved for payment of the charges under s. 14.58 (21) 16.413 (1) (s).

AB150, s. 1358 Section 1358. 23.50 (1) of the statutes is amended to read:

AB150,626,20 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing board under s. 16.21 27.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB150, s. 1359 Section 1359. 23.53 (1) of the statutes is amended to read:

AB150,627,12 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo valley governing board under s. 16.21 27.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 159.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB150, s. 1360 Section 1360. 23.56 (1) of the statutes is amended to read:

AB150,627,20 23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 27.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

AB150, s. 1361 Section 1361. 23.57 (1) (intro.) of the statutes is amended to read:

AB150,628,2 23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 27.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77; and:

AB150, s. 1362 Section 1362. 23.58 of the statutes is amended to read:

AB150,628,15 23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 27.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

AB150, s. 1363 Section 1363. 23.62 (1) (intro.) of the statutes is amended to read:

AB150,628,23 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 27.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, the officer may proceed in the following manner:

AB150, s. 1364 Section 1364. 24.39 (1) of the statutes is amended to read:

AB150,629,13 24.39 (1) The board of commissioners of public lands may grant leases of parts or parcels of any public lands except state park lands in the state park system and other state forest lands; grant easements, leases to enter upon any of said lands to flow the same or to prospect for and to dig and remove therefrom ore, minerals and other deposits, and sell therefrom such timber as the board shall find necessary to prevent future loss or damage. All sales of standing live timber shall be on a selective cutting basis in line with federal forest practices. Such easements, leases, licenses and sales shall be made only for a full and fair consideration paid or to be paid to the state, the amount and terms whereof shall be fixed by said board, and such easements, leases, licenses and sales shall conform to the requirements, so far as applicable, prescribed by ch. 26 for the exercise by the department of natural resources of similar powers affecting lands in the state park lands system and other state forest lands.