AB150: Bill Text

****Note: This is reconciled s. 27.01 (11) (e). This Section has been affected by drafts with the following LRB numbers: LRB-1018 and LRB-2161.

AB150, s. 1498 Section 1498. 27.01 (11) (f) of the statutes is amended to read:

AB150,663,4 27.01 (11) (f) Processing; generally. The department departments may give reservations for each year until the available reservation sites in a campground under their respective reservation systems for a given date are exhausted.

AB150, s. 1499 Section 1499. 27.01 (11) (g) of the statutes is repealed.

AB150, s. 1500 Section 1500. 27.01 (11) (h) of the statutes is amended to read:

AB150,663,10 27.01 (11) (h) (title) Processing; after January 7 10. After January 7 10, reservation applications shall be processed in order according to when they are received. Reservation applications submitted by mail are considered to be received when they are actually received by the appropriate office of the department.

AB150, s. 1501 Section 1501. 27.01 (11) (h) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,663,16 27.01 (11) (h) Processing; after January 10. After January 10, reservation applications shall be processed in order according to when they are received. Reservation applications submitted by mail are considered to be received when they are actually received by the appropriate office of the applicable department.

****Note: This is reconciled s. 27.01 (11) (h). This Section has been affected by drafts with the following LRB numbers: LRB-1018 and LRB-2161.

AB150, s. 1502 Section 1502. 27.01 (12) of the statutes is repealed.

AB150, s. 1503 Section 1503. 27.01 (13) of the statutes is renumbered 27.90 (3) and amended to read:

AB150,664,8 27.90 (3) Police supervision. The department shall have police supervision over all state parks park or trail areas, and its duly appointed wardens state park rangers or representatives in charge of any state park area may arrest, with or without warrant, any person within such the state park or trail area, committing who commits an offense against the laws of the state or in violation of who violates any rule or regulation of the department in force in such the state park or trail area, and deliver such person to the proper court of the county wherein such where the offense has been committed and make and execute a complaint charging such person with the offense committed. The district attorney of the county wherein such where an offense has been committed shall appear and prosecute all actions arising under this subsection.

AB150, s. 1504 Section 1504. 27.01 (14) of the statutes is renumbered 27.96 and amended to read:

AB150,664,17 27.96 (title) Penalties for destruction of property on certain properties. The penalties for the destruction of any notices, posted by the department of tourism and parks or by the department of natural resources, 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 area of the state or park system, any county parks park or any state fish hatchery grounds shall be the same as those provided in s. 26.19 (1).

AB150, s. 1505 Section 1505. 27.011 of the statutes is repealed.

AB150, s. 1506 Section 1506. 27.013 of the statutes is repealed.

AB150, s. 1507 Section 1507. 27.0134 (3m) (title) of the statutes is created to read:

AB150,664,21 27.0134 (3m) (title) Spending authority.

AB150, s. 1508 Section 1508. 27.0134 (3m) (a) of the statutes is created to read:

AB150,665,2 27.0134 (3m) (a) Subject to sub. (4), the department of tourism and parks shall determine how the department of natural resources shall spend moneys from the appropriation under s. 20.866 (2) (tz) for trails and for grants for this purpose under s. 23.096.

AB150, s. 1509 Section 1509. 27.0137 of the statutes is created to read:

AB150,665,10 27.0137 Designation of trails and areas. (1) The department shall designate trails, campgrounds, picnic areas and other special use areas for property under its ownership. These trails, campgrounds, picnic areas and other special use areas shall be designated on maps available at the nearest district office of the department of natural resources, on a sign outside the office on the property or on signs placed beside the trails, campgrounds, picnic areas or other use areas at the option of the department.

AB150,665,12 (2) The department shall inspect trail signs and designated features twice a year, once before July 1 and once after July 1.

AB150, s. 1510 Section 1510. 27.015 (12) of the statutes is amended to read:

AB150,665,18 27.015 (12) Cooperation of state departments. The department of agriculture, trade and consumer protection, the department of administration, the department of natural resources, the department of tourism and parks and the agricultural extension division of the university of Wisconsin shall cooperate with the several county rural planning committees in carrying out this section.

AB150, s. 1511 Section 1511. Subchapter III (title) of chapter 27 [precedes s. 27.40] of the statutes is created to read:

AB150,665,21 Chapter 27

AB150,665,23 Subchapter III Kickapoo valley reserve

AB150, s. 1512 Section 1512. Subchapter IV (title) of chapter 27 [precedes 27.61] of the statutes is created to read:

AB150,666,1 Chapter 27

AB150,666,3 Subchapter IV Tourism

AB150, s. 1513 Section 1513. Subchapter V (title) of chapter 27 [precedes 27.90] of the statutes is created to read:

AB150,666,6 Chapter 27

AB150,666,8 Subchapter V Enforcement AND PENALTIES

AB150, s. 1514 Section 1514. 27.90 (title) of the statutes is created to read:

AB150,666,10 27.90 (title) Enforcement.

AB150, s. 1515 Section 1515. 27.90 (1) of the statutes is created to read:

AB150,666,13 27.90 (1) Definition. In this section, "state park or trail area" means an area that is part of the state park system or the ice age trail.

AB150, s. 1516 Section 1516. 27.90 (2) of the statutes is created to read:

AB150,666,18 27.90 (2) Enforcement duties. (a) The department shall enforce all of the laws that the department is required to administer for the state park system and shall bring, or cause to be brought, actions and proceedings in the name of the state for that purpose.

AB150,666,22 (b) All sheriffs, deputy sheriffs, coroners, and other police officers are deputy state park rangers, and shall assist the department and its state park rangers in the enforcement of this chapter whenever notice of a violation of the chapter is given to them by the department or its state park rangers.

AB150, s. 1517 Section 1517. 27.92 of the statutes is created to read:

AB150,667,3 27.92 State park rangers. (1) The persons appointed by the department to enforce the laws relating to the state park system shall be known as state park rangers and shall be subject to ch. 230.

AB150,667,6 (2) The department shall provide to all state park rangers, before exercising any of their powers, a commission issued by the department under its seal, to read substantially as follows:

AB150,667,7 State of Wisconsin

AB150,667,8 Department of tourism and parks.

AB150,667,9 To all to whom these presents shall come, greeting:

AB150,667,14 Know ye, that reposing special trust and confidence in the integrity and ability of ...., of the county of ...., we do hereby appoint and constitute .... a state park ranger for the state of Wisconsin, and do authorize and empower .... to execute and fulfill the duties of that office according to law, during good behavior and the faithful performance of the duties of that office.

AB150,667,17 In testimony whereof, the secretary has hereunto affixed the secretary's signature and the official seal of the department, at its office in the city of Madison, Wisconsin, this .... day of ...., 19...

AB150,667,18 (Seal) State of Wisconsin

AB150,667,19 Department of tourism and parks.

AB150,667,20 By .... ....

AB150,667,24 (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.

AB150,668,4 (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.

AB150, s. 1518 Section 1518. 27.94 of the statutes is created to read:

AB150,668,8 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):

AB150,668,10 (1) Assaults or otherwise resists or obstructs any state park ranger in the performance of his or her duties.

AB150,668,12 (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.

AB150, s. 1519 Section 1519. 27.95 of the statutes is created to read:

AB150,668,18 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).

AB150,668,22 (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).

AB150,668,24 (c) Service may be made by certified mail addressed to the vehicle owner's last-known address.

AB150,669,2 (2) Defenses. The following are defenses to the imposition of liability under sub. (1):

AB150,669,4 (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.

AB150,669,10 (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).

AB150,669,14 (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).

AB150,669,20 (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.

AB150, s. 1520 Section 1520. 27.98 of the statutes is amended to read:

AB150,670,2 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.

AB150, s. 1521 Section 1521. 28.005 of the statutes is renumbered 28.005 (intro.) and amended to read:

AB150,670,6 28.005 (title) Definition Definitions. (intro.) "Department" when When used in this chapter without other words of description or qualification :

AB150,670,7 (1) "Department" means the department of natural resources.

AB150, s. 1522 Section 1522. 28.005 (2) of the statutes is created to read:

AB150,670,10 28.005 (2) "Southern state forest" means a state forest that is located within the region specified in s. 25.29 (7) (a).

AB150, s. 1523 Section 1523. 28.01 of the statutes is amended to read:

AB150,670,17 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.

AB150, s. 1524 Section 1524. 28.02 (1) of the statutes is amended to read:

AB150,671,9 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.

AB150, s. 1525 Section 1525. 28.02 (2) of the statutes is amended to read:

AB150,671,19 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.

AB150, s. 1526 Section 1526. 28.02 (5) of the statutes is amended to read:

AB150,672,2 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.

AB150, s. 1527 Section 1527. 28.11 (5) (a) of the statutes is amended to read:

AB150,672,17 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.

AB150, s. 1528 Section 1528. 28.11 (5m) of the statutes is amended to read:

AB150,672,25 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).

AB150, s. 1529 Section 1529. 28.11 (8) (a) of the statutes is amended to read:

AB150,673,6 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.