AB150: Bill Text

AB150,647,10 (b) Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation account under s. 20.370 (1) (cs) is insufficient for the amount that must lapse under par. (a), the remainder that is necessary for the lapse shall lapse from the appropriation account under s. 20.370 (1) (mz).

AB150, s. 1429 Section 1429. 26.20 (3) of the statutes is amended to read:

AB150,647,25 26.20 (3) Locomotive inspector; powers. Any locomotive inspector designated by the department shall have the power to reject from service immediately any locomotive, donkey, traction, or portable engine which, in the opinion of the inspector, is deficient in adequate design, construction, or maintenance of the fire protective devices designated in sub. (2), and any such locomotive, donkey, traction, or portable engine so rejected from service shall not be returned to service until such defects have been remedied to the satisfaction of the locomotive inspector. In case of disagreement between the inspector and the owner of the locomotive, donkey, traction, or portable engine so rejected from service as to the efficiency or proper maintenance of said protective devices, then the owner of the locomotive, donkey, traction, or portable engine may appeal to the office of the commissioner of railroads division of hearings and appeals in the department of administration for a decision of said matter, but pending such decision the locomotive, donkey, traction, or portable engine shall not be returned to service.

AB150, s. 1430 Section 1430. 26.20 (10) of the statutes is amended to read:

AB150,648,8 26.20 (10) (title) Appeal to office of the commissioner of railroads division of hearings and appeals. In case the department and any person operating any locomotive, donkey, or threshing engine, or any engine, boiler, or locomotive cannot agree as to the most practicable device or devices for preventing the escape of sparks, cinders, or fire from smokestacks, ash pans or fire boxes, then the same shall be determined by the office of the commissioner of railroads division of hearings and appeals in the department of administration.

AB150, s. 1431 Section 1431. Chapter 27 (title) of the statutes is amended to read:

AB150,648,13 CHAPTER 27 PUBLIC PARKS AND PLACES OF RECREATION, PUBLIC PARKS AND TOURISM

AB150, s. 1432 Section 1432. Subchapter I (title) of chapter 27 [precedes 27.001] of the statutes is created to read:

AB150,648,16 Chapter 27

AB150,648,18 Subchapter I General provisions

AB150,648,19 27.001 Definitions. In this chapter, unless the context requires otherwise:

AB150,648,20 (1) "Department" means the department of tourism and parks.

AB150,648,21 (2) "Secretary" means the secretary of tourism and parks.

AB150,648,23 (3) "Southern state forest" means a state forest that is located within the region specified in s. 25.29 (7) (a).

AB150, s. 1433 Section 1433. Subchapter II (title) of chapter 27 [precedes 27.01] of the statutes is created to read:

AB150,649,1 Chapter 27

AB150,649,4 Subchapter II State park system and local parks

AB150, s. 1434 Section 1434. 27.01 (title) of the statutes is amended to read:

AB150,649,6 27.01 (title) State parks park system.

AB150, s. 1435 Section 1435. 27.01 (1) of the statutes is amended to read:

AB150,649,18 27.01 (1) (title) Purpose of state park system. It is declared to be the policy of the legislature to acquire, improve, preserve and administer a system of areas to be known as the state parks park system of Wisconsin. The purpose of the state parks park system is to provide areas for public recreation and for public education in conservation and nature study. An area may qualify as a part of the state park system by reason of its scenery, its plants and wildlife, or its historical, archaeological or geological interest. The department shall be responsible for the selection of a balanced system of state park these areas and for the acquisition, development, maintenance and administration of the state parks park system. No admission charge shall be made to any area of the state park system except as provided in subs. (7) to (9).

AB150, s. 1436 Section 1436. 27.01 (2) (intro.) of the statutes is amended to read:

AB150,649,24 27.01 (2) Powers of the department. (intro.) In order to carry out the purposes of this section, the department shall have charge and supervision of the state park system. The state park system shall be comprised of areas consisting of state parks, southern state forests, state trails, the ice age trail, state recreation areas and roadside parks. The department also may:

AB150, s. 1437 Section 1437. 27.01 (2) (a) of the statutes is amended to read:

AB150,650,8 27.01 (2) (a) Acquire by purchase, lease or agreement, and receive by grant, gift or devise, lands, interest in lands or waters suitable for furthering the purposes of state park purposes parks, southern state forests, state trails, state recreation areas and roadside parks and may acquire such lands and waters by condemnation after obtaining approval of the senate and assembly appropriate standing committees on natural resources of each house of the legislature as determined by the presiding officer of each house. The department may also maintain these acquired lands and waters in order to further these purposes.

AB150, s. 1438 Section 1438. 27.01 (2) (b) of the statutes is amended to read:

AB150,650,13 27.01 (2) (b) Classify state park the areas of the state park system as to their most logical employment and greatest usefulness as, for example, scenic, recreational or historical, and establish boundaries for each area of the state park system.

AB150, s. 1439 Section 1439. 27.01 (2) (c) of the statutes is amended to read:

AB150,650,20 27.01 (2) (c) Make, and as rapidly as possible carry out, plans for the development of the areas in the state parks park system, including the layout and construction of roads, trails, camping and picnic areas, buildings, water and sewer and other sanitary installations, and the development of all other facilities considered necessary for the preservation of special features or the overall usefulness of any area in the state park system.

AB150, s. 1440 Section 1440. 27.01 (2) (d) of the statutes is amended to read:

AB150,651,5 27.01 (2) (d) Enter into agreements with the federal government, the government of neighboring states, state departments, counties, towns, scientific societies, organizations, individuals or others on any subject considered of concern and benefit to the state parks park system. Operation of historic buildings, restorations, museums or remains within the boundaries of a an area of the state park or parks system may be vested by such agreements in the historical society, which may, in accordance with s. 44.02 (5), charge an admission fee to such buildings, restorations, museums or remains in order to defray in whole or in part the costs of operation of such sites.

AB150, s. 1441 Section 1441. 27.01 (2) (e) of the statutes is repealed and recreated to read:

AB150,651,10 27.01 (2) (e) For the state park system, accept and administer, in the name of the state, any gifts, grants, bequests and devises, including land, interests in land, money and funding made available to the department by the federal government under any act of congress relating to any of the functions of the department.

AB150, s. 1442 Section 1442. 27.01 (2) (ec) of the statutes is created to read:

AB150,651,13 27.01 (2) (ec) Extend and consolidate lands or waters suitable for the state park system by the exchange of other lands or waters under its supervision.

AB150, s. 1443 Section 1443. 27.01 (2) (eg) of the statutes is created to read:

AB150,651,17 27.01(2) (eg) Accept donations of buildings, facilities and structures constructed upon lands owned by this state in the state park system and under the jurisdiction of the department.

AB150, s. 1444 Section 1444. 27.01 (2) (f) of the statutes is amended to read:

AB150,651,21 27.01 (2) (f) Grant concessions or franchises for the furnishing of supplies or facilities and services on the state parks in the areas of the state park system that are considered necessary for the proper comfort of the public.

AB150, s. 1445 Section 1445. 27.01 (2) (g) of the statutes is amended to read:

AB150,651,24 27.01 (2) (g) Lease parts or parcels of state park land or grant easements thereto areas of the state park system, subject to sub. (2mn) and ss. 23.305 and 26.08.

AB150, s. 1446 Section 1446. 27.01 (2) (gm) of the statutes is created to read:

AB150,652,3 27.01 (2) (gm) Grant easements to parts or parcels of areas of the state park system. If the easement is in a southern state forest, the easement shall be subject to s. 28.02 (5).

AB150, s. 1447 Section 1447. 27.01 (2) (h) of the statutes is amended to read:

AB150,652,6 27.01 (2) (h) Designate by appropriate name any area in the state park system not expressly named by the legislature.

AB150, s. 1448 Section 1448. 27.01 (2) (i) of the statutes is amended to read:

AB150,652,11 27.01 (2) (i) Establish and operate in state parks the areas of the state park system such services and conveniences and install such facilities as will render such parks the areas more attractive for public use and make reasonable charges for the use thereof of these areas.

AB150, s. 1449 Section 1449. 27.01 (2) (j) of the statutes is amended to read:

AB150,652,17 27.01 (2) (j) Promulgate rules necessary to govern the conduct of state park visitors in the areas of the state park system, and for the protection of state park to protect the property, or the use of facilities, in the state park system, including the use of boats and other watercraft on lakes or rivers within the limits of a state park an area in the state park system, and the use of roads, trails or bridle paths.

AB150, s. 1450 Section 1450. 27.01 (2) (k) of the statutes is amended to read:

AB150,652,20 27.01 (2) (k) Designate parking areas and regulate the use and movement of automobiles or other vehicles in the state parks any area of the state park system.

AB150, s. 1451 Section 1451. 27.01 (2) (L) of the statutes is amended to read:

AB150,652,23 27.01 (2) (L) Make surveys and investigations of sites considered potentially valuable for state parks the state park system.

AB150, s. 1452 Section 1452. 27.01 (2) (m) of the statutes is amended to read:

AB150,653,5 27.01 (2) (m) Take such any other action as that may be deemed considered advisable for the administration, development, maintenance or protection of the state park system or any part or parts thereof. The department may not perform any act on land in the state park system that is held for sale that will diminish its sale value.

AB150, s. 1453 Section 1453. 27.01 (2g) of the statutes is created to read:

AB150,653,15 27.01 (2g) Funds from donations. All funds included in the gifts, grants, bequests and devises received or expected to be received by the department for the state park system in a biennium shall be included in the statement of its actual and estimated receipts and disbursements for such biennium required to be contained in the biennial state budget report under s. 16.46, and shall be considered to be and treated the same as other actual and estimated receipts and disbursements of the department. The department may acknowledge the receipt of any funding from a particular person or group in any department pamphlet, bulletin or other publication.

AB150, s. 1454 Section 1454. 27.01 (2m) of the statutes is created to read:

AB150,654,3 27.01 (2m) Donation of facilities. The donor of buildings, facilities and structures under sub. (2) (eg) may contract for this construction according to plans and specifications provided by the department or may enter into a contract for professional architectural and engineering services to develop plans and specifications of the buildings, facilities and structures and contract for their construction. Upon the completion of construction satisfactory to the department, title of the buildings, facilities and structures shall vest in the state. No person may construct any building, facility or structure under this subsection without the prior approval of the department regarding plans and specifications, materials, suitability, design, capacity or location. The plans and specifications for any building, structure or facility donated under this paragraph shall also be subject to the approval of the building commission.

AB150, s. 1455 Section 1455. 27.01 (2mn) of the statutes is created to read:

AB150,654,9 27.01 (2mn) Grant of easements and leases. Any easements granted under sub. (2) (gm) and any leases granted under sub. (2) (g) or s. 23.305 or 26.08 by the department shall have the restrictions necessary to preserve and protect the land subject to the lease or easement for the purposes for which it was acquired or made part of the state park system.

AB150, s. 1456 Section 1456. 27.01 (2n) of the statutes is created to read:

AB150,654,16 27.01 (2n) Conservation easements and rights in property. The department may acquire any easement for the benefit of any area in the state park system. For purposes of this subsection, "easement" includes a negative easement, a restrictive covenant, a covenant running with the land and any other right for a lawful use of the property together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property.

AB150, s. 1457 Section 1457. 27.01 (2p) of the statutes is created to read:

AB150,654,23 27.01 (2p) Access to lands. If there are areas of the state park system that are inaccessible because they are surrounded by lands not belonging to the state, and if the department determines that the usefulness or value of these areas of the state park system will be increased if there is access to them over lands not belonging to the state, the department may acquire the land necessary to construct highways that will furnish the needed access.

AB150, s. 1458 Section 1458. 27.01 (3) of the statutes is amended to read:

AB150,655,6 27.01 (3) (title) Transfer of state park system land to municipalities. The department may not transfer the ownership of any state park or land within any state park area in the state park system to any county, city, village or town unless it receives the approval of the joint committee on finance regarding the appropriate level of reimbursement to be received by the state to reflect the state's cost in acquiring and developing the state park or land within the state park area.

AB150, s. 1459 Section 1459. 27.01 (4) of the statutes is amended to read:

AB150,655,11 27.01 (4) (title) Park State park managers. Park State park managers employed by the department shall have all the powers of state fire wardens as provided in ch. 26, and such powers shall apply to areas in the state parks park system.

AB150, s. 1460 Section 1460. 27.01 (5) of the statutes is amended to read:

AB150,655,17 27.01 (5) Roadside parks. All areas designated as roadside parks shall be a part of the state park system. Roadside parks will consist of naturally attractive parcels of land ( that are 5 acres or more in size ) and that are immediately contiguous to a state trunk highway. Each such area and shall carry a distinctive name and shall be managed and developed as a part of the state park system.

AB150, s. 1461 Section 1461. 27.01 (6) (intro.) of the statutes is amended to read:

AB150,655,20 27.01 (6) Names. (intro.) The following areas in the state parks park system shall be designated as follows:

AB150, s. 1462 Section 1462. 27.01 (6) (q) of the statutes is created to read:

AB150,655,23 27.01 (6) (q) The state recreation area in the town of Brighton, Kenosha County, as "Bong State Recreation Area".

AB150, s. 1463 Section 1463. 27.01 (7) (a) 1. of the statutes is renumbered 27.01 (7) (a) 1r.

AB150, s. 1464 Section 1464. 27.01 (7) (a) 1. of the statutes is created to read:

AB150,656,3 27.01 (7) (a) 1. In this subsection and in subs. (10) and (11), "departments" means the department of tourism and parks and the department of natural resources.

AB150, s. 1465 Section 1465. 27.01 (7) (a) 1g. of the statutes is created to read:

AB150,656,6 27.01 (7) (a) 1g. In this subsection, "designating department" means the department that designated the vehicle admission area.

AB150, s. 1466 Section 1466. 27.01 (7) (a) 3. of the statutes is amended to read:

AB150,656,13 27.01 (7) (a) 3. In this subsection, "vehicle admission area" means the Bong area lands acquired under s. 23.09 (13) state recreation area, the Point Beach state forest, recreational areas in other state forests designated as such by the department of tourism and parks or by the department of natural resources, designated use zones within state recreation areas established under s. 23.091 (3), and any state park or roadside park except those areas specified in par. (c) 5.

AB150, s. 1467 Section 1467. 27.01 (7) (am) of the statutes is created to read:

AB150,656,19 27.01 (7) (am) The department of tourism and parks shall designate vehicle admission areas for state parks, roadside parks, state recreation areas and southern state forests. The department of natural resources shall designate vehicle admission areas for state forests that are not southern state forests. A vehicle admission sticker issued by either department is valid in any vehicle admission area.

AB150, s. 1468 Section 1468. 27.01 (7) (c) 1. of the statutes is amended to read:

AB150,656,22 27.01 (7) (c) 1. Any vehicle in an admission area between November 1 and March 31, except as the designating department provides by rule;

AB150, s. 1469 Section 1469. 27.01 (7) (c) 8. of the statutes is amended to read:

AB150,657,2 27.01 (7) (c) 8. Any vehicle towed behind or carried on another vehicle. The designating department may issue a special permit for a towed or carried vehicle in order to determine compliance with and facilitate enforcement of the vehicle admission sticker requirement; or

AB150, s. 1470 Section 1470. 27.01 (7) (d) of the statutes is amended to read: