1995 Wisconsin Act 27

27,1240 Section 1240 . 23.09 (17m) (title) of the statutes is amended to read:

23.09 (17m) (title) Grants to counties for the development of wildlife habitat on county forests.

27,1241 Section 1241 . 23.09 (17m) (a) of the statutes is amended to read:

23.09 (17m) (a) The county board of any county, which by resolution indicates its desire to improve the natural environment for game and nongame species on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (4) (bq) (5) (as).

27,1242 Section 1242 . 23.09 (17m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

23.09 (17m) (a) The county board of any county, which by resolution indicates its desire to improve the natural environment for game and nongame species wildlife on county lands entered under s. 28.11, may make application to the department for the allocation of funds appropriated for such purposes by s. 20.370 (5) (as).

27,1243 Section 1243 . 23.09 (17m) (b) of the statutes is amended to read:

23.09 (17m) (b) The annual appropriation for each county shall not exceed 5 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (4) (bq) (5) (as) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 5 cents per acre under the procedure established in this subsection. These aids shall be used to undertake management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget.

27,1244 Section 1244 . 23.09 (17m) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

23.09 (17m) (b) The annual appropriation allocation for each county shall not exceed 5 10 cents for each acre entered under s. 28.11, but any funds remaining from the appropriation made by s. 20.370 (5) (as) and unallocated to the counties on March 31 of each year may be allotted to any county in an amount not to exceed an additional 5 10 cents per acre under the procedure established in this subsection. These aids shall be used to undertake wildlife management activities provided in the comprehensive county forest land use plan and included in the annual work plan and budget.

27,1245 Section 1245 . 23.09 (17m) (c) of the statutes is amended to read:

23.09 (17m) (c) Management Wildlife management operations shall be limited to approved projects designed to benefit both game and nongame species wildlife and the natural environment.

27,1246 Section 1246 . 23.09 (17m) (d) of the statutes is amended to read:

23.09 (17m) (d) Application shall be made in the manner and on forms prescribed by the department. The as part of the comprehensive county forest land use plan prepared under s. 28.11. Before approving the plan, the department shall investigate all project proposals to satisfy itself make certain that the project is feasible, desirable and consistent with such plans the plan. If the department so finds, it may make advance payment as it determines to be reasonable and proper approves the plan, the department shall pay the aids to the game wildlife management fund account of any the county. The county's wildlife management fund shall be a nonlapsing account except as provided in pars. (h) and (hg).

27,1247 Section 1247 . 23.09 (17m) (e) of the statutes is repealed.

27,1248 Section 1248 . 23.09 (17m) (f) of the statutes is amended to read:

23.09 (17m) (f) Completion of such projects authorized by the department shall be certified by a representative of the department. All records of receipts and expenditures from the county game wildlife management fund account shall be available to the department for inspection and audit at any time.

27,1249 Section 1249 . 23.09 (17m) (g) of the statutes is amended to read:

23.09 (17m) (g) Any unauthorized expenditures from the county game wildlife management fund account shall be restored to such fund upon demand by the department and if not restored shall become a charge against the county and the secretary of state shall include such unpaid sums in the state tax levy of the respective counties in subsequent years.

27,1250 Section 1250 . 23.09 (17m) (h) of the statutes is repealed and recreated to read:

23.09 (17m) (h) If the amount of the unencumbered balance in a county's wildlife management fund account exceeds either of the following, the department may demand that the county repay to the department the excess amount to the department:

1. The amount that is equal to the sum of the allocations received by the county for the 3 previous years.

2. The amount, as determined by the department, that is required for the purposes of this subsection.

27,1251 Section 1251 . 23.09 (17m) (hg) of the statutes is created to read:

23.09 (17m) (hg) If the unencumbered balance in a county's wildlife management fund exceeds both of the amounts specified in par. (h) 1. and 2., the department may demand that the county repay either excess amount.

27,1252 Section 1252 . 23.09 (17m) (hr) of the statutes is created to read:

23.09 (17m) (hr) If the county fails to comply with the department's demand under par. (h) or (hg), the applicable excess amount shall become a charge against the county, and the secretary of state shall include the amount in the state tax levy of the county in subsequent years.

27,1253 Section 1253 . 23.09 (17m) (i) of the statutes is amended to read:

23.09 (17m) (i) Expenditures under this subsection on any land withdrawn from s. 28.11 and the title to which is transferred by the county to other than a public agency shall be reimbursed to the department in an amount not to exceed the prorated value of the remaining useful lifetime of the wildlife habitat development.

27,1254 Section 1254 . 23.09 (18) (b) of the statutes is amended to read:

23.09 (18) (b) The amount of the payment made in a fiscal year to an eligible county shall equal the county's proportionate share of the moneys appropriated under s. 20.370 (4) (au) (5) (br) for the fiscal year. An eligible county's proportionate share shall equal the number of acres within its boundaries that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on July 1 of the fiscal year divided by the total number of acres that are entered on the tax roll under s. 77.04 (1) or 77.84 (1) on that same date and that are within the boundaries of counties that are eligible for payments under this section, multiplied by the amount appropriated under s. 20.370 (4) (au) (5) (br) for the fiscal year.

27,1256 Section 1256 . 23.09 (22) of the statutes is repealed.

27,1257 Section 1257 . 23.09 (23) of the statutes is repealed.

27,1258 Section 1258 . 23.09 (25) (a) of the statutes is amended to read:

23.09 (25) (a) The department shall administer an off-the-road Type 1 motorcycle recreational aid program from moneys appropriated under s. 20.370 (4) (bv) (5) (cv). The department shall distribute these funds to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of off-the-road Type 1 motorcycle trails and facilities. The department may distribute these funds before July 1, 1989, to towns, villages, cities, counties and federal agencies for the acquisition, development, operation and maintenance of all-terrain vehicle areas and trails if these areas and trails are also available for use by off-the-road Type 1 motorcycles. In addition, the department may expend moneys appropriated under s. 20.370 (4) (bv) (5) (cv) for the development and maintenance of existing off-the-road Type 1 motorcycle trails at the Black River state forest and the Bong state recreation area.

27,1262qm Section 1262qm. 23.0915 (1m) of the statutes is created to read:

23.0915 (1m) Prohibitions on expenditures. (a) 1. The department may not expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition of land for golf courses or for the development of golf courses.

2. Subdivision 1. does not apply to the expenditure of moneys approved under an application that was made before April 1, 1995, and that was approved by the department before April 10, 1995.

(b) The department may not expend moneys from the appropriation under s. 20.866 (2) (tz) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit or political subdivision acquires the land involved by condemnation.

27,1264r Section 1264r. 23.0915 (2g) of the statutes is amended to read:

23.0915 (2g) Funds for Monona terrace project. If all of the money set aside under s. 23.195 for the Frank Lloyd Wright Monona terrace project is not expended before July 1, 1996 1998, the department shall make the unexpended moneys available for expenditure for land acquisition and for urban river grants under s. 30.277. The moneys expended for the Frank Lloyd Wright Monona terrace project are expended as an amount for land acquisition.

27,1266d Section 1266d. 23.0915 (4) of the statutes is created to read:

23.0915 (4) Review by joint committee on finance. Beginning on December 31, 1995, the department may not encumber or expend from the appropriation under s. 20.866 (2) (tz) for a given project or activity more than $250,000 unless the department first notifies the joint committee on finance in writing of the proposed encumbrance or expenditure. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed encumbrance or expenditure, the department may make the proposed encumbrance or expenditure only upon approval of the committee.

27,1313 Section 1313 . 23.175 (1) (b) of the statutes is amended to read:

23.175 (1) (b) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under ch. 231, 233 or 234 but not including the legislature or the courts.

27,1323g Section 1323g. 23.19 (1) (intro.) of the statutes is amended to read:

23.19 (1) (intro.) The department shall provide in state aid to the city of Milwaukee up to $500,000 from the appropriation under s. 20.370 (4) (kb) for a conservation project for the Menomonee river if the city appropriates funds by June 30, 1991. Both the funds appropriated by the city and the state aid provided by the department shall be for any of the following stages of the project that may be undertaken by the city:

27,1323j Section 1323j. 23.195 (4) of the statutes is amended to read:

23.195 (4) If all of the money set aside under this section is not expended before July 1, 1996 1998, the moneys set aside but not expended shall be treated by the department in the manner provided in s. 23.0915 (2g).

27,1323m Section 1323m. 23.196 of the statutes is created to read:

23.196 Willow flowage project. (1) In this section:

(a) “Total amount available" means the expenditure limit for the purpose of acquiring land under s. 23.09 (2) (d) 11., as adjusted under s. 23.0915 (2), less the total amount the department has expended, encumbered or otherwise committed for that purpose from the appropriation under s. 20.866 (2) (tz) before July 1, 1996.

(b) “Willow flowage project" means the lands in the Willow flowage and surrounding lands in Oneida County that the department determines are necessary for the project.

(2) (a) The department may acquire and exchange lands for the establishment of the Willow flowage project. The priority and allocation requirements under s. 23.09 (2dm) do not apply to any acquisition of land under this paragraph for which moneys appropriated under s. 20.866 (2) (tz) are expended.

(b) For the purpose of establishing the Willow flowage project, the department may expend up to an amount equal to the total amount available for the purchase of land. For purposes of ss. 23.09 (2r) (a) 1. and 23.0915 (1), moneys expended under this paragraph shall be treated as moneys expended for the lower Wisconsin state riverway acquisition.

(c) Section 23.15 does not apply to the exchange or other transfer of land by the department for the purpose of establishing the Willow flowage project.

(3) (a) The board of commissioners of public lands shall sell for cash, at fair market value, any of the lands under its jurisdiction that are determined by the department to be necessary to effect the sale of land for the Willow flowage project.

(b) The department shall contract for an independent appraisal to determine the fair market value of the land to be sold under par. (a), and the sale of land under par. (a) shall be concluded within 90 days after the determination of the fair market value.

(c) Sections 24.07, 24.08, 24.09, 24.10, 24.11, 24.15 and 24.16 do not apply to the sale of land by the board of commissioners of public land under this subsection.

(d) This subsection does not apply after June 30, 1999.

27,1348 Section 1348 . 23.32 (3) of the statutes is created to read:

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:

1. For each paper map, $5.

2. For each aerial photograph, $10.

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

(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.

27,1350 Section 1350 . 23.33 (9) (a) of the statutes is amended to read:

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.

27,1351 Section 1351 . 23.33 (9) (b) 1. of the statutes is amended to read:

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.

27,1354r Section 1354r. 23.39 (5) of the statutes is created to read:

23.39 (5) The public intervenor board shall provide direction and supervision to the public intervenor consistent with the public intervenor's duties to protect public rights in water and other natural resources.

27,1355 Section 1355 . 23.405 of the statutes is renumbered 23.405 (1).

27,1356 Section 1356 . 23.405 (2) of the statutes is created to read:

23.405 (2) (a) 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.

(b) The fees collected by the department under par. (a) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under s. 20.370 (5) (gb).

27,1358 Section 1358 . 23.50 (1) of the statutes is amended to read:

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 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

27,1359 Section 1359 . 23.53 (1) of the statutes is amended to read:

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 41.41 (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.

27,1360 Section 1360 . 23.56 (1) of the statutes is amended to read:

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 41.41 (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.

27,1361 Section 1361 . 23.57 (1) (intro.) of the statutes is amended to read:

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 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77; and:

27,1362 Section 1362 . 23.58 of the statutes is amended to read:

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 41.41 (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.

27,1363 Section 1363 . 23.62 (1) (intro.) of the statutes is amended to read:

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 41.41 (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:

27,1366m Section 1366m. 24.60 (1) of the statutes is created to read: