Current statutory law requires that specific information regarding probable cause for issuing the citation or complaint must be stated in the citation or complaint. The Wisconsin Supreme Court has ruled that a statement of probable cause must contain the reason for charging the particular person receiving the citation or complaint and a description of the supporting evidence or witness statement (supporting statements), as well as the name of the person charged, the law violated, and the date and time of the violation (basic statements). See State v. White, 97 Wis. 2d 193 (1980). This bill eliminates this probable cause requirement for citations but not for complaints. By eliminating that probable cause be stated in the citation, the citation no longer must contain the supporting statements. The requirement that a citation contain the basic statements will continue because they are statutorily required under current law.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 23.51 (1m) of the statutes is amended to read:
23.51 (1m) "Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, which notifies complaint and includes a notification to the person cited of a violation of a statute or rule enumerated in s. 23.50 (1) or of a violation of a local ordinance, and requests the person to appear in court. Part of the citation is a complaint.
SECTION 2. 23.54 (1) of the statutes is amended to read:
23.54 (1) A citation may be prepared on a paper form or in an electronic format. The defendant shall receive a copy of the citation. The citation shall contain a complaint, a an area to record the case history and a report of court action on the case.
SECTION 3. 23.54 (2) of the statutes is repealed.
SECTION 4. 23.62 (1) (a) of the statutes is amended to read:
23.62 (1) (a) Issue a citation to the defendant in the form manner specified in s. 23.54, a paper copy or electronic version of which shall be filed with the clerk of courts in the county where the violation was committed or with the office of the municipal judge in the case of an ordinance violation;
SECTION 5. 23.62 (2) (a) of the statutes is amended to read:
23.62 (2) (a) If the defendant is a resident of this state, a law enforcement officer may serve a citation anywhere in the state by following the procedures used for the service of a summons under s. 801.11 (1) (a) or (b) 1. or 1m. or (2) or by mailing a paper copy to the defendant's last-known address.
SECTION 6. 23.62 (2) (b) of the statutes is amended to read:
23.62 (2) (b) If the defendant is not a resident of the state, a law enforcement officer may serve a citation by delivering a paper copy to the defendant personally or by mailing a paper copy to the defendant's last-known address.
SECTION 7. 23.68 of the statutes is amended to read:
23.68 Pleading. The A citation or complaint issued pursuant to s. 23.62 or a complaint issued pursuant to s. 23.65 may serve as the initial pleading and, notwithstanding any other provisions of the statutes, shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with such court.
SECTION 8. 345.11 (1m) of the statutes is amended to read:
345.11 (1m) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of ch. 350 relating to highway use or ordinances in conformity therewith when committed on the highway, but no points may be assessed against the driving record of the operator of a snowmobile. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.
SECTION 9. 345.11 (1r) of the statutes is amended to read:
345.11 (1r) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances in conformity with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.
SECTION 10. 800.02 (2) (b) of the statutes is amended to read:
800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or 30.77, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).
SECTION 11. 938.237 (1) (intro.) of the statutes is amended to read:
938.237 (1) CITATION FORM CITATIONS. (intro.) The A citation forms under s. 23.54, 66.0113, 778.25, 778.26, or 800.02 may be used to commence an action for a violation of civil laws and ordinances in the court.
(End)
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MGG:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0117 - Managed forest land public access grant program
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the creation of a managed forest land board, grants for land acquisitions for certain outdoor activities, requiring the exercise of rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
natural resources
Other natural resources
Under the managed forest land (MFL) program, the owner of land that meets certain requirements as to size and the amount of timber on the land may apply to have DNR designate the land as MFL. The owner of such land then makes an annual payment that is lower than, and in lieu of, the property taxes that normally would be payable on the land. In exchange, the owner must comply with certain forestry practices and may keep a specific area closed to public access; the remainder of the land must be kept open for recreational activities consisting of hunting, fishing, hiking, sightseeing, and cross-country skiing. For land that the owner keeps closed to public access, the owner must pay a supplemental amount that is in addition to the annual payment described above (closed-land payment).
This bill creates a five-member managed forest land board in DNR. Members of the board include: the chief state forester or his or her designee, one member representing the Wisconsin Counties Association, one member representing the Wisconsin Towns Association, one member representing an association that represents counties that have county forests, and one member appointed from a list of nominees submitted to the governor by the Council on Forestry. This board awards grants to cities, villages, towns, counties, DNR, and nonprofit conservation organizations to acquire land for the same outdoor recreational activities as listed above. The closed-land payments made by MFL owners fund the grants.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.07 (2) (m) of the statutes is created to read:
15.07 (2) (m) The member appointed under s. 15.345 (6) (a) shall serve as chairperson of the managed forest land board.
SECTION 2. 15.345 (6) of the statutes is created to read:
15.345 (6) MANAGED FOREST LAND BOARD. There is created in the department of natural resources a managed forest land board consisting of the chief state forester or his or her designee and the following members appointed for 3-year terms:
(a) One member appointed from a list of 5 nominees submitted by the Wisconsin Counties Association.
(b) One member appointed from a list of 5 nominees submitted by the Wisconsin Towns Association.
(c) One member appointed from a list of 5 nominees submitted by an association that represents the interests of counties that have county forests within their boundaries.
(d) One member appointed from a list of 5 nominees submitted by the council on forestry.
SECTION 3. 20.370 (5) (bz) of the statutes is created to read:
20.370 (5) (bz) Resource aids -- forestry outdoor activity grants. As a continuing appropriation, the amounts in the schedule for grants awarded by the managed forest land board under s. 77.895.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 77.89 (2) (b) of the statutes is amended to read:
77.89 (2) (b) The municipal treasurer shall pay all amounts received under s. 77.84 (2) (b) and (bm) to the county treasurer, as provided under ss. 74.25 and 74.30. The county treasurer shall, by June 30 of each year, pay all amounts received under this paragraph to the department. All amounts received by the department shall be credited to the conservation fund and shall be reserved for land acquisition and, resource management activities, and grants under s. 77.895.
SECTION 5. 77.895 of the statutes is created to read:
77.895 Grants for land acquisitions for outdoor activities. (1) DEFINITIONS. In this section:
(a) "Board" means the managed forest land board.
(b) "Land" means land in fee simple, conservation easements, and other easements in land.
(c) "Local governmental unit" means a city, village, town, or county.
(d) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).
(2) PROGRAM. The department shall establish a program to award grants to nonprofit conservation organizations, to local governmental units, and to itself to acquire land to be used for hunting, fishing, hiking, sightseeing, and cross-country skiing. The board shall administer the program and award the grants under the program.
(3) REQUIREMENTS. The department, in consultation with the board, shall promulgate rules establishing requirements for awarding grants under this section. The rules promulgated under this subsection shall include all of the following:
(a) A requirement that the board give higher priority to counties over other grant applicants in awarding grants under this section.
(b) A requirement that, in awarding grants to counties under this section, the board give higher priority to counties that have higher numbers of acres that are designated as closed under s. 77.83.
(c) A requirement that, in awarding grants to towns under this section, the board give higher priority to towns that have higher numbers of acres that are designated as closed under s. 77.83.
(d) A requirement that no grant may be awarded under this section without it being approved by the board of each county in which the land to be acquired is located.
(e) Requirements concerning the use of sound forestry practices on land acquired under this section.
(4) USE OF LAND. Land acquired under this section may be used for purposes in addition to those specified in sub. (2) if the additional uses are compatible with the purposes specified in sub. (2).
SECTION 9135. Nonstatutory provisions; Natural Resources.
(1) MANAGED FOREST LAND BOARD. Notwithstanding section 15.345 (6) of the statutes, as created by this act, 2 of the initial members of the managed forest land board appointed under section 15.345 (6) (a) to (d) of the statutes, as created by this act, shall serve for terms expiring on May 1, 2009, and 2 of those initial members shall serve for terms expiring on May 1, 2011.
(End)
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MGG:kjf:nwn
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0122 - Fee for issuing duplicate certificates for completion of boating, snowmobiling, and all-terrain vehicle safety programs
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: fees for duplicate certificates showing completion of the program of instruction on all-terrain vehicle laws and safety, showing completion of the courses on boating safety and operation, and showing completion of the program of instruction on snowmobile laws and safety; the use of fees collected for duplicate certificates showing completion of the hunter education programs; and making an appropriation.
Analysis by the Legislative Reference Bureau
natural resources
Recreation
Under current law, DNR administers programs instructing persons in the safe use of boats, all-terrain vehicles, and snowmobiles; a hunter education program; a bow hunter education program; and a trapper education program. Upon successful completion of the safety program, DNR issues a certificate showing completion of the course to each successful participant. Current law authorizes DNR to charge a fee for the issuance of duplicate certificates showing completion of the hunter education programs. This bill authorizes DNR to charge a fee for the issuance of duplicate certificates showing completion of the boating, all-terrain vehicle, and snowmobile safety programs.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (3) (at) of the statutes is amended to read:
20.370 (3) (at) Education and safety programs. For programs or courses of instruction under ss. 23.33 (5) (d), 29.591 (3), 30.74 (1) (a) and 350.055 (1). All moneys remitted to the department under ss. 23.33 (5) (d), 29.563 (12) (c) 2., 29.591 (3), 30.74 (1) (b), and 350.055 (1) shall be credited to this appropriation.
SECTION 2. 23.33 (5) (d) of the statutes is amended to read:
23.33 (5) (d) Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
SECTION 3. 30.74 (1) (b) of the statutes is amended to read:
30.74 (1) (b) The department by rule shall set the instruction fee for the course. A person conducting a course or giving instruction under this subsection shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the person may retain to defray expenses incurred by the person in conducting the course or giving the instruction. The person shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department by rule shall set the fee for the course. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
SECTION 4. 350.055 of the statutes is renumbered 350.055 (1) and amended to read:
350.055 (1) The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
(2) A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.
(End)
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MGG:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0125 - Continuing appropriation for transaction fees in issuing fish and game approvals
For 2007-09 Budget -- Not Ready For Introduction
