AB926: Bill Text

AB926,117,18 27.016 (5) The amount of a grant under this section shall equal 50% of the amount of matching funds that are provided by the friends group for the grant. A friends group may only use the interest generated by the endowment fund for purposes of providing the matching funds. The matching funds and the grant may be used only for the operation and maintenance of the state park, southern state forest or state recreation area that the endowment fund was established to benefit.

AB926, s. 572 Section 572. 27.016 (6) of the statutes is amended to read:

AB926,117,25 27.016 (6) Annually, on or before January 1, the department shall review all applications received under this section in the previous year and shall make the grants that it approves from the appropriation under s. 20.370 (1) (eq) (2) (es). If insufficient funds are available to pay all approved grants, the board shall prorate the available funds among the applicants in proportion to the approved grant amounts.

AB926, s. 573 Section 573. 27.016 (7) of the statutes is amended to read:

AB926,118,6 27.016 (7) Beginning in fiscal year 1996-97 and for each fiscal year thereafter, any moneys not encumbered or expended for grants under sub. (6) from the appropriation under s. 20.370 (1) (eq) (2) (es) may be used by the department for the operation and maintenance of the state parks, of the southern state forests and of state recreation areas.

AB926, s. 574 Section 574. 28.005 of the statutes is amended to read:

AB926,118,10 28.005 Definition. "Department" when used in this chapter without other words of description or qualification means the department of natural resources agriculture, trade and consumer protection.

AB926, s. 575 Section 575. 28.012 of the statutes is created to read:

AB926,118,16 28.012 Powers of department. (1) For the state forests, the department may accept and administer, in the name of the state, any gifts, grants, bequests, and devises, including land, interests in land, and funds made available to the department by the federal government under any act of congress relating to any of the functions of the department.

AB926,118,18 (2) The department may extend or consolidate lands or waters suitable for the state forests by the exchange of other lands or waters under its supervision.

AB926,118,20 (3) The department may accept donations of buildings, facilities, and structures to be constructed upon lands owned by this state in the state forests.

AB926,118,22 (4) The department may grant easements to parts or parcels of areas in the state forests.

AB926,119,6 (5) All funds included in the gifts, grants, bequests, and devises received or expected to be received by the department for the state forests under its jurisdiction 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. Those funds shall be considered to be, and shall be 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.

AB926,119,17 (6) The donor of any building, facility, or structure under sub. (3) 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 for the building, facility, or structure and contract for their construction. Upon the completion of construction satisfactory to the department, title to the building, facility, or structure 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 sub. (3) shall also be subject to the approval of the building commission.

AB926,119,21 (7) Any easements granted under sub. (4) or s. 28.02 (5) and any leases under 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 forests.

AB926,120,2 (8) (a) In 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 the property.

AB926,120,4 (b) The department may acquire any easement for the benefit of any area in the state forests.

AB926,120,10 (9) If there are areas of the state forests under the jurisdiction of the department 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 for these state forests 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.

AB926, s. 576 Section 576. 28.02 (title) of the statutes is amended to read:

AB926,120,12 28.02 (title) State forests forest lands.

AB926, s. 577 Section 577. 28.02 (1) of the statutes is amended to read:

AB926,121,2 28.02 (1) Defined. "State forests forest 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 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.

AB926, s. 578 Section 578. 28.022 of the statutes is created to read:

AB926,121,9 28.022 Limited golf cart use. The department shall permit the use of golf carts by persons age 16 and over in the Peshtigo River State Forest. The department shall promulgate a rule that specifies when and where golf carts may be used in the state forest. The rule shall allow golf carts to be used for at least the same hours and in at least the same places as golf carts were used in the state forest before it was acquired by the state.

AB926, s. 579 Section 579. 28.025 (3) (a) 2. of the statutes is amended to read:

AB926,121,14 28.025 (3) (a) 2. Notwithstanding subd. 1., the department shall submit its report to the council on forestry as required under subd. 1. by January 1, 2009, and biennially thereafter, if the forested property that is the subject of the report has not been inventoried by the department under s. 23.135 26.025.

AB926, s. 580 Section 580. 28.03 (1) of the statutes is amended to read:

AB926,121,17 28.03 (1) Defined. State forests shall consist of well blocked areas of state owned lands which have been established as state forests by the department.

AB926, s. 581 Section 581. 28.035 (2) of the statutes is amended to read:

AB926,121,24 28.035 (2) The department shall enter into an comply with the agreement with the Wisconsin department of the American Legion for hunting in the state forest lands described as lots 3, 4, 6 and 7 of section 8 and lots 2 and 3 of section 17, township 38 north, range 7 east, Oneida County, which are used in connection with Camp American Legion and which the Legion is now maintaining on this location as a restoration camp for sick and disabled veterans and their dependents.

AB926, s. 582 Section 582. 28.035 (3) (b) of the statutes is amended to read:

AB926,122,6 28.035 (3) (b) The ownership of all of the buildings and equipment of the camp shall revert to the state upon the discontinuance of the use thereof for such purposes. On or before January 15 of each year the department of the American Legion shall file with the governor, the department of veterans affairs, and the department of natural resources agriculture, trade and consumer protection a written report of the operations and the financial status of the camp.

AB926, s. 583 Section 583. 28.047 of the statutes is created to read:

AB926,122,9 28.047 Designation of trails and areas. (1) In this section, "special use area" includes a trail, campground, or picnic area.

AB926,122,11 (2) The department shall designate special use areas in state forests and shall indicate the location of each special use area in one of the following manners:

AB926,122,13 (a) By showing it on a map available at the district office of the department that is nearest to the special use area.

AB926,122,15 (b) By indicating its location on a sign outside any office of the department that is located within the same state forest.

AB926,122,16 (c) By placing a sign at the special use area.

AB926,122,18 (3) The department shall inspect trail signs and designated features twice a year, once before July 1 and once after July 1.

AB926,122,21 (4) Subsection (3) does not apply to snowmobile trails on land under the control of the department that are maintained by snowmobile clubs or other nonprofit organizations.

AB926, s. 584 Section 584. 28.05 (3) (c) of the statutes is amended to read:

AB926,123,2 28.05 (3) (c) Of the amount received by the department from each timber sale for which the department used the services of a cooperating forester under this subsection, the department shall credit to the appropriation account under s. 20.370 (1) (cy) 20.115 (5) (rw) an amount equal to the portion of the sale proceeds that the department is required to pay to the cooperating forester.

AB926, s. 585 Section 585. 28.06 (2m) (b) of the statutes is amended to read:

AB926,123,8 28.06 (2m) (b) For fiscal year 2002-03 and each fiscal year thereafter, the department shall credit 50% of the moneys received as surcharges under par. (a) during the applicable fiscal year to the appropriation account under s. 20.370 (1) (cu) 20.115 (5) (rp) and the remaining 50% to the appropriation account under s. 20.370 (1) (cv) 20.115 (5) (rs).

AB926, s. 586 Section 586. 28.11 (5m) (a) (intro.) of the statutes is amended to read:

AB926,123,13 28.11 (5m) (a) (intro.) The department may make grants, from the appropriation under s. 20.370 (5) (bw) 20.115 (5) (w), to counties having lands entered under sub. (4) to fund all of the following for one professional forester in the position of county forest administrator or assistant county forest administrator:

AB926, s. 587 Section 587. 28.11 (5m) (am) of the statutes is amended to read:

AB926,123,21 28.11 (5m) (am) The department may make grants, from the appropriation under s. 20.370 (5) (bw) 20.115 (5) (w), to counties having lands entered under sub. (4) to fund up to 50 percent of the costs of a county's annual dues to a nonprofit organization that provides leadership and counsel to that county's forest administrator and that functions as an organizational liaison to the department. The total amount that the department may award in grants under this paragraph in any fiscal year may not exceed $50,000.

AB926, s. 588 Section 588. 28.11 (5r) (b) of the statutes is amended to read:

AB926,123,25 28.11 (5r) (b) The department may make grants, from the appropriation under s. 20.370 (5) (bw) 20.115 (5) (w), to counties having lands entered under sub. (4) to fund the cost of activities designed to improve sustainable forestry on the lands.

AB926, s. 589 Section 589. 28.11 (8) (a) of the statutes is amended to read:

AB926,124,6 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 (5) (bv) 20.115 (5) (vm) on each acre of county lands entered under this section.

AB926, s. 590 Section 590. 28.11 (8) (b) 1. of the statutes is amended to read:

AB926,124,24 28.11 (8) (b) 1. A county having established and maintaining a county forest under this section is eligible to receive from the state from the appropriations under s. 20.370 (5) (bq) and (bs) 20.115 (5) (t) and (u) an annual payment as a noninterest bearing loan to be used for the purchase, development, preservation and maintenance of the county forest lands and the payment shall be credited to a county account to be known as the county forestry aid fund. A county board may, by a resolution adopted during the year and transmitted to the department by December 31, request to receive a payment of not more than 50 cents for each acre of land entered and designated as "county forest land". The department shall review the request and approve the request if the request is found to be consistent with the comprehensive county forest land use plan. If any lands purchased from the fund are sold, the county shall restore the purchase price to the county forestry aid fund. The department shall pay to the county the amount due to it on or before March 31 of each year, based on the acreage of the lands as of the preceding June 30. If the amounts in the appropriations under s. 20.370 (5) (bq) and (bs) 20.115 (5) (t) and (u) are not sufficient to pay all of the amounts approved by the department under this subdivision, the department shall pay eligible counties on a prorated basis.

AB926, s. 591 Section 591. 28.11 (8) (b) 2. of the statutes is amended to read:

AB926,125,17 28.11 (8) (b) 2. The department may allot additional interest free forestry aid loans on a project basis to individual counties to permit the counties to undertake meritorious and economically productive forestry operations, including land acquisitions. These additional aids may not be used for the construction of recreational facilities or for fish and game management projects. Application shall be made in the manner and on forms prescribed by the department and specify the purpose for which the additional aids will be used. The department shall make an investigation as it deems necessary to satisfy itself that the project is feasible, desirable and consistent with the comprehensive plan. If the department so finds, it may make allotments in such amounts as it determines to be reasonable and proper and charge the allotments to the forestry fund account of the county. These allotments shall be credited by the county to the county forestry aid fund. After determining the loans as required under subd. 1., the department shall make the remainder of the amounts appropriated under s. 20.370 (5) (bq) and (bs) 20.115 (5) (t) and (u) for that fiscal year available for loans under this subdivision. The department shall also make loans under this subdivision from the appropriations under s. 20.370 (5) (bt) and (bu) 20.115 (5) (um) and (v).

AB926, s. 592 Section 592. 28.11 (9) (am) of the statutes is amended to read:

AB926,125,23 28.11 (9) (am) The acreage loan severance share payments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (5) (bq) 20.115 (5) (t), and the project loan severance share payments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (5) (bu) 20.115 (5) (v).

AB926, s. 593 Section 593. 28.11 (9) (ar) 1. of the statutes is amended to read:

AB926,126,5 28.11 (9) (ar) 1. Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriations under s. 20.370 (5) (bq), (bt) and (bu) 20.115 (5) (t), (um), and (v) exceeds $400,000 on June 30 of any fiscal year, the amount in excess of $400,000 shall lapse from the appropriation under s. 20.370 (5) (bq) 20.115 (5) (t) to the conservation fund, except as provided in subd. 2.

AB926, s. 594 Section 594. 28.11 (9) (ar) 2. of the statutes is amended to read:

AB926,126,10 28.11 (9) (ar) 2. Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation under s. 20.370 (5) (bq) 20.115 (5) (t) is insufficient for the amount that must lapse under subd. 1., the remainder that is necessary for the lapse shall lapse from the appropriation under s. 20.370 (5) (bu) 20.115 (5) (v).

AB926, s. 595 Section 595. 28.11 (12) of the statutes is amended to read:

AB926,126,24 28.11 (12) Enforcement. If at any time it appears to the department that the lands are not being managed in accordance with this section it shall so advise the county forestry committee and the county clerk. If the condition persists the department may proceed against the persons responsible for such noncompliance under s. 30.03 (4) order a hearing under ch. 227 concerning the noncompliance, and may request the hearing examiner to issue an order directing the responsible parties to perform or refrain from performing acts in order to remedy the noncompliance. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with the effect of proceedings under s. 111.07 (7). No penalty may be imposed for violation of a hearing examiner's order under this subsection, but violation of a judgment enforcing the order may be punished in civil contempt proceedings.

AB926, s. 596 Section 596. 28.90 of the statutes is created to read:

AB926,127,3 28.90 Enforcement. (1) The department shall enforce all of the laws that the department is required to administer for the state forests and shall bring, or cause to be brought, actions and proceedings in the name of the state for that purpose.

AB926,127,7 (2) All sheriffs, deputy sheriffs, coroners, and other police officers are deputy state forest rangers, and shall assist the department and its rangers in the enforcement of this chapter whenever notice of a violation of this chapter is given to them by the department or its rangers.

AB926, s. 597 Section 597. 28.92 of the statutes is created to read:

AB926,127,11 28.92 State forest rangers. (1) The persons appointed by the department to enforce the laws relating to state forests shall be known as state forest rangers and shall be subject to ch. 230.

AB926,127,14 (2) The department shall provide to all state forest rangers, before exercising any of their powers, a commission issued by the department under its seal, to read substantially as follows:

AB926,127,16 State of Wisconsin Department of agriculture, trade and consumer protection

AB926,127,17 To all to whom these presents shall come, greeting:

AB926,127,22 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 forest 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.

AB926,127,25 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 ...., .....

AB926,128,1 (Seal) State of Wisconsin

AB926,128,2 Department of agriculture, trade and consumer protection

AB926,128,3 By .... ....

AB926,128,7 (3) The department shall furnish to each state forest 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.

AB926,128,11 (4) A state forest 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 forest ranger shall, on demand, exhibit the same to any person to whom he or she may represent himself or herself as a state forest ranger.

AB926, s. 598 Section 598. 28.94 of the statutes is created to read:

AB926,128,15 28.94 Resisting or falsely impersonating a state forest ranger. Any person who does any of the following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:

AB926,128,17 (1) Assaults or otherwise resists or obstructs any state forest ranger in the performance of his or her duties.

AB926,128,19 (2) Falsely represents himself or herself to be a state forest ranger or assumes to act as a state forest ranger without having been first appointed.

AB926, s. 599 Section 599. 28.98 of the statutes is created to read:

AB926,128,23 28.98 General penalty provision. Any person who violates any provision of this chapter or any rule promulgated or order issued under this chapter for which no other penalty is prescribed is subject to a forfeiture of not more than $100.

AB926, s. 600 Section 600. 29.024 (6) (ag) of the statutes is amended to read:

AB926,129,4 29.024 (6) (ag) Under a contract issued under par. (a) 4., the department may deduct a portion of each fee collected for a license issued pursuant to the statewide automated system. The department shall credit all of the amounts deducted to the appropriation account under s. 20.370 (9) (hv) (1) (hx).

AB926, s. 601 Section 601. 29.088 (2g) (b) of the statutes is amended to read:

AB926,129,10 29.088 (2g) (b) Subsections (1) and (2) do not apply to toxicants placed in the waters of a preexisting fish rearing facility that is an artificial body of water if the toxicants are necessary to the operation of the fish farm and the department of environmental quality has issued a permit under s. 283.31 for the preexisting fish rearing facility.