1995 Wisconsin Act 27

27,1428 Section 1428 . 26.11 (7) of the statutes is created to read:

26.11 (7) (a) Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriation accounts under s. 20.370 (1) (cs) and (mz) exceeds $500,000 on June 30 of any fiscal year, the amount in excess of $500,000 shall lapse from the appropriation account under s. 20.370 (1) (cs) to the conservation fund, except as provided in par. (b).

(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).

27,1430m Section 1430m. 26.37 of the statutes is created to read:

26.37 Lake states wood utilization consortium. (1) The department of natural resources and the department of development shall jointly develop a plan to establish a lake states wood utilization consortium to provide research, development and demonstration grants to enhance the forest products industry in Wisconsin and other states. The plan shall do all of the following:

(a) Define the powers, duties and responsibilities of the consortium.

(b) Establish an implementation committee for the consortium. Members of the committee may include one or more representatives from the department of natural resources, the department of development and the forest products industry.

(c) Specify eligibility requirements for the grants and criteria for awarding the grants, including how the grants are to be distributed to each state participating in the consortium.

(d) Require that the grants require matching funds or in-kind contributions by industrial recipients of the grants.

(e) Require the implementation committee to identify an organization that can administer and award the grants and oversee the grant program.

(f) Require the consortium to actively pursue funding from the states of Michigan and Minnesota of $200,000 annually from each state for 3 years.

(g) Require the consortium to actively pursue federal and other funding sources.

(2) The department of natural resources may not expend moneys from the appropriations under s. 20.370 (5) (ax) or (6) (bt) unless the department of natural resources and the department of development first submit to the joint committee on finance the plan required under sub. (1). If the cochairpersons of the joint committee on finance do not notify the department of natural resources within 14 working days after the date of the departments' submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented and moneys may be expended as proposed by the department of natural resources. If, within 14 days after the date of the departments' submittal of the plan, the cochairpersons of the committee notify the department of natural resources that the committee has scheduled a meeting to review the plan, moneys may be expended only after the plan has been approved by the committee.

27,1471 Section 1471 . 27.01 (7) (f) 1. of the statutes is amended to read:

27.01 (7) (f) 1. Except as provided in par. (gm), the fee for an annual vehicle admission sticker is $15 $18 for each vehicle which has Wisconsin registration plates, except that no fee is charged for a sticker issued under s. 29.1475 (6).

27,1472 Section 1472 . 27.01 (7) (f) 2. of the statutes is amended to read:

27.01 (7) (f) 2. Except as provided in subds. 3. and 4. and par. (gm) 4., the fee for a daily vehicle admission sticker is $4 $5 for any vehicle which has Wisconsin registration plates.

27,1473 Section 1473 . 27.01 (7) (g) 1. of the statutes is amended to read:

27.01 (7) (g) 1. Except as provided in par. (gm), the fee for an annual vehicle admission sticker for any vehicle which has a registration plate or plates from another state is $24 $25.

27,1474 Section 1474 . 27.01 (7) (g) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

27.01 (7) (g) 1. Except as provided in par. (gm), the fee for an annual vehicle admission sticker is $25 for any vehicle which has a registration plate or plates from another state, except that no fee is charged for a sticker issued under s. 29.1475 (6).

27,1475 Section 1475 . 27.01 (7) (g) 2. of the statutes is amended to read:

27.01 (7) (g) 2. Except as provided in subds. 3. and 4., the fee for a daily vehicle admission sticker for any vehicle which has a registration plate or plates from another state is $6 $7.

27,1478 Section 1478 . 27.01 (7) (gm) 3. of the statutes is amended to read:

27.01 (7) (gm) 3. Notwithstanding par. (f) 1., the fee for an annual vehicle admission sticker for a vehicle that has Wisconsin registration plates and that is owned by a resident senior citizen, as defined in s. 29.01 (12m), is $6.50 $9.

27,1479 Section 1479 . 27.01 (7) (gm) 4. of the statutes is amended to read:

27.01 (7) (gm) 4. Notwithstanding par. (f) 2., the fee for a daily vehicle admission sticker for a vehicle that has Wisconsin registration plates and that is owned by a resident senior citizen, as defined in s. 29.01 (12m), is $2 $3.

27,1494 Section 1494 . 27.01 (11) (d) of the statutes is amended to read:

27.01 (11) (d) Reservation applications. The department may accept reservation applications from residents and nonresidents beginning on the first working day after January 1 10 of each year.

27,1496 Section 1496 . 27.01 (11) (e) of the statutes is amended to read:

27.01 (11) (e) Early reservation applications. The department may refuse to accept reservation applications postmarked or made in person prior to the first working day after January 1 10 of each year or the department may treat these applications as if they were postmarked or made on January 7 15 and shall process these applications together with reservation applications actually postmarked or made in person on that date.

27,1499m Section 1499m. 27.01 (11) (g) of the statutes is amended to read:

27.01 (11) (g) (title) Processing; prior to January 8th 16. From the first working day after January 1 of each year to January 7 Beginning on January 10 and ending on January 15 of each year, reservation applications shall be processed in order according to the date on which they were made and all reservations for a given date shall be processed by random selection. Except as provided under par. (e), reservation applications made by mail shall be treated as if they were made on the postmark date and shall be processed with reservations made in person on that date.

27,1500 Section 1500 . 27.01 (11) (h) of the statutes is amended to read:

27.01 (11) (h) (title) Processing; after January 7 15 . After January 7 15, 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.

27,1501m Section 1501m. 27.01 (11) (i) of the statutes is created to read:

27.01 (11) (i) Cooperation with tourism. The department of natural resources and the division of tourism in the department of development shall work jointly to establish an automated campground reservation system.

27,1501r Section 1501r. 27.01 (11) (i) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

27.01 (11) (i) Cooperation with tourism. The department of natural resources and the division department of tourism in the department of development shall work jointly to establish an automated campground reservation system.

27,1506 Section 1506 . 27.013 of the statutes is repealed.

27,1509m Section 1509m. 27.014 of the statutes is created to read:

27.014 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).

(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).

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

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

(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.

(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).

(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).

(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).

27,1510b Section 1510b. 27.015 of the statutes is renumbered 27.019.

27,1510m Section 1510m. 27.016 of the statutes is created to read:

27.016 State parks and forests grant program. (1) In this section:

(a) “Endowment fund" means an endowment, trust or other segregated fund for the benefit of a specific state park, southern state forest or state recreation area.

(b) “Friends group" has the meaning given in s. 23.098 (1).

(c) “Southern state forest" means a state forest that is located within the region specified in s. 25.29 (7) (a).

(2) (a) The department shall establish a grant program under which friends groups that qualify under par. (b) may receive matching grants for the operation and maintenance of state parks, southern state forests or state recreation areas.

(b) To qualify for a grant under this section, a friends group shall have established an endowment fund for the benefit of a state park, a southern state forest or a state recreation area and shall have entered into a written agreement with the department as required by the department by rule.

(3) The department shall promulgate rules to establish criteria to be used in determining which friends groups and which activities related to the maintenance or operation of state parks, southern state forests or state recreation areas are eligible for these grants.

(4) The department may not expend more than $30,000 as grants under this section for a given friends group, state park, southern state forest or state recreation area in a fiscal year.

(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.

(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). 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.

(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) 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.

27,1527 Section 1527 . 28.11 (5) (a) of the statutes is amended to read:

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.

27,1528 Section 1528 . 28.11 (5m) of the statutes is amended to read:

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).

27,1529 Section 1529 . 28.11 (8) (a) of the statutes is amended to read:

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.

27,1530 Section 1530 . 28.11 (8) (b) 1. of the statutes is amended to read:

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 (4) (at) and (aw) (5) (bq) and (bs) 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 (4) (at) and (aw) (5) (bq) and (bs) 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.

27,1531 Section 1531 . 28.11 (8) (b) 2. of the statutes is amended to read:

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 (4) (at) and (aw) (5) (bq) and (bs) 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 (4) (ax) (5) (bt) and (ay) (bu).

27,1532 Section 1532 . 28.11 (9) (am) of the statutes is amended to read:

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 (4) (aw) (5) (bq), and the project loan severance share payments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (4) (ay) (5) (bu).

27,1533 Section 1533 . 28.11 (9) (ar) 1. of the statutes is amended to read:

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 (4) (aw), (ax) (5) (bq), (bt) and (ay) (bu) 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 (4) (aw) (5) (bq) to the conservation fund, except as provided in subd. 2.

27,1534 Section 1534 . 28.11 (9) (ar) 2. of the statutes is amended to read:

28.11 (9) (ar) 2. Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation under s. 20.370 (4) (aw) (5) (bq) 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 (4) (ay) (5) (bu).

27,1535 Section 1535 . 29.05 (2) of the statutes is amended to read:

29.05 (2) Additional arrest powers. In addition to the arrest powers under sub. (1), a conservation warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the conservation warden makes an arrest without the presence of another law enforcement agency, the conservation warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The conservation warden shall be available as a witness for the state. A conservation warden may not conduct investigations for violations of state law except as authorized in sub. (3) and ss. 16.21 41.41 (12) and 23.11 (4). A conservation warden acting under the authority of this subsection is considered an employe of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.

27,1536m Section 1536m. 29.09 (9m) of the statutes is renumbered 29.09 (9m) (a).

27,1537 Section 1537 . 29.09 (9m) (a) 1m. of the statutes is created to read:

29.09 (9m) (a) 1m. Bonus deer hunting permit.

27,1537m Section 1537m. 29.09 (9m) (b) of the statutes is created to read:

29.09 (9m) (b) If a person applies jointly for a hunter's choice deer hunting permit and a bonus deer hunting permit, the person shall pay a single processing fee. A person who applies for a bonus deer hunting permit is exempt from paying an additional processing fee if the person has already applied for a hunter's choice deer hunting permit for the same season. If the department authorizes the issuing of more than one bonus deer hunting permit to a person in a single season under s. 29.1075 (2), the person is exempt from paying an additional processing fee for an application for the 2nd or subsequent bonus deer hunting permit.

27,1538 Section 1538 . 29.09 (9r) of the statutes is created to read:

29.09 (9r) Handling fees for applications for certain approvals. (a) In addition to any other fee imposed under s. 29.092, the department may collect handling fees for the approvals that the department itself issues. The handling fees shall cover the costs associated with paying for approvals that are requested by mail, telephone or electronic means.

(b) If the department collects handling fees under par. (a), it shall promulgate rules to designate the approvals to which the fees shall apply and to establish the amounts of the fees. The fees may not be more than the amounts necessary to cover the handling costs of issuing the approvals. In this paragraph, “handling costs" includes credit transaction fees, mailing costs and personnel costs that are necessary to process the credit transaction.

(c) Any fees collected under this subsection shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (1) (Lu).