LRB-4885/1
PJK:jlg:km
1997 - 1998 LEGISLATURE
February 5, 1998 - Introduced by Representative Johnsrud, cosponsored by
Senator Rude. Referred to Committee on Natural Resources.
AB770,1,6 1An Act to amend 15.445 (2) (b) 2., 15.445 (2) (d) 3., 15.445 (2) (e), 20.923 (6) (L),
223.095 (1) (a), 23.095 (3) (b), 23.095 (3) (c), 23.095 (3) (d) 1., 23.095 (3) (d) 2.,
341.41 (5) (a), 41.41 (5) (e), 41.41 (7) (a) and 230.08 (2) (yn); and to create 15.445
4(2) (b) 4., 15.445 (2) (b) 5., 15.445 (2) (d) 2m., 23.095 (2m), 23.095 (3) (d) 3. and
541.41 (7m) of the statutes; relating to: the Kickapoo valley reserve, the
6Kickapoo reserve management board and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Kickapoo valley reserve consists of land adjacent to the
Kickapoo River that is to be acquired from the federal government, owned by the
state and managed by the Kickapoo reserve management board (board) under the
direction of the department of tourism to preserve and enhance the land's unique
environmental, scenic and cultural features. The board has an executive secretary,
who is appointed by the board outside the classified service, and 9 members, 6 of
whom are Kickapoo River watershed residents recommended for membership by
governing bodies of municipalities and school boards in the area. Of the remaining
3 members, who are not residents of the watershed, one is an advocate for the
environment, one has a demonstrated interest in education and one represents
recreation and tourism interests.
This bill adds 2 members to the board, who are appointed from individuals
recommended by the Ho-Chunk Nation. One of the individuals must be a resident

of the Kickapoo River watershed and the other individual must have an interest and
knowledge of the cultural resources in the Kickapoo River watershed. The bill
changes the designation of the executive secretary of the board to the executive
director of the board. The bill also provides that the board may assume interim
management of the land that is to be acquired from the federal government for the
Kickapoo valley reserve before the land is actually transferred to the state, if the
federal government approves of the interim management.
Current law prohibits any physical act that destroys, molests, defaces or
removes a natural resource or archaeological feature and any act that unreasonably
wastes a natural resource or archaeological feature. Under the bill, the requirement
that the act be unreasonable is expanded to cover acts that destroy, molest, deface
or remove a natural resource or archaeological feature.
Under current law, the penalty for committing such an act is a forfeiture of up
to $100. Fines in higher amounts are imposed if the act is committed on state-owned
lands that are managed by the department of natural resources (DNR) or on land in
a state natural area. If the violation involves intentionally damaging or attempting
to damage an archaeological feature on lands that are managed by DNR or on land
in a state natural area, the person committing the violation must be fined up to
$10,000 or imprisoned for up to 9 months or both. The bill provides the same
increased penalties for violations that are committed on land in the Kickapoo valley
reserve. If the violation involves intentionally damaging or attempting to damage
an archaeological feature in the Kickapoo valley reserve in the pursuit of commercial
gain, the person committing the violation must, in addition to the fine or
imprisonment or both, be fined 2 times the gross value gained or gross loss caused,
whichever is greater, plus court costs and the costs of investigation and prosecution.
For further information see the state 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:
AB770, s. 1 1Section 1. 15.445 (2) (b) 2. of the statutes is amended to read:
AB770,2,42 15.445 (2) (b) 2. Two members who are residents of that portion of the Kickapoo
3river River watershed, as determined by the department of natural resources, that
4lies outside of the area specified in subd. 1.
AB770, s. 2 5Section 2. 15.445 (2) (b) 4. of the statutes is created to read:
AB770,2,76 15.445 (2) (b) 4. One member who is a resident of the area composed of the areas
7specified in subds. 1. and 2.
AB770, s. 3
1Section 3. 15.445 (2) (b) 5. of the statutes is created to read:
AB770,3,32 15.445 (2) (b) 5. One member who has an interest in and knowledge of the
3cultural resources within the Kickapoo River watershed.
AB770, s. 4 4Section 4. 15.445 (2) (d) 2m. of the statutes is created to read:
AB770,3,65 15.445 (2) (d) 2m. The governor shall appoint the members specified in par. (b)
64. and 5. from a list of individuals recommended by the Ho-Chunk Nation.
AB770, s. 5 7Section 5. 15.445 (2) (d) 3. of the statutes is amended to read:
AB770,3,148 15.445 (2) (d) 3. Each municipality or school district specified in this paragraph
9may recommend no more than 3 members. The Ho-Chunk Nation may recommend
10no more than 3 individuals for the membership position under par. (b) 4. and no more
11than 3 individuals for the membership position under par. (b) 5.
At the request of
12the governor, a municipality or, a school district or the Ho-Chunk Nation shall
13recommend additional members if an individual who is recommended by the
14municipality or school district
declines to serve.
AB770, s. 6 15Section 6. 15.445 (2) (e) of the statutes is amended to read:
AB770,4,216 15.445 (2) (e) Liaison representatives. The secretary of agriculture, trade and
17consumer protection, the secretary of natural resources, the secretary of
18transportation, the secretary of commerce, the secretary of administration, the
19director of the state historical society and the chancellor of the university of
20Wisconsin-extension, or their designees, shall serve as liaison representatives to the
21board. The board shall request the Winnebago tribal council to appoint a liaison
22representative to the board.
The board may request any other Indian tribal council
23which
federally recognized American Indian tribe or band in this state, other than
24the Ho-Chunk Nation, that
expresses an interest in the governance of the Kickapoo

1valley reserve to appoint a liaison representative to the board. The liaison
2representatives are not board members and have no voting power.
AB770, s. 7 3Section 7. 20.923 (6) (L) of the statutes is amended to read:
AB770,4,54 20.923 (6) (L) Tourism, department of; Kickapoo reserve management board:
5executive secretary director and staff.
AB770, s. 8 6Section 8. 23.095 (1) (a) of the statutes is amended to read:
AB770,4,87 23.095 (1) (a) "Damage" means to commit a physical act that unreasonably
8destroys, molests, defaces, removes or unreasonably wastes.
AB770, s. 9 9Section 9. 23.095 (2m) of the statutes is created to read:
AB770,4,1210 23.095 (2m) Prohibition on land in Kickapoo valley reserve. No person may
11damage or attempt to damage any natural resource or archaeological feature located
12in the Kickapoo valley reserve under s. 41.41 (2).
AB770, s. 10 13Section 10. 23.095 (3) (b) of the statutes is amended to read:
AB770,4,1514 23.095 (3) (b) Except as provided in pars. (c) and (d), any person who violates
15sub. (1m) or (2m) shall forfeit not more than $200.
AB770, s. 11 16Section 11. 23.095 (3) (c) of the statutes is amended to read:
AB770,4,2017 23.095 (3) (c) If a person violates sub. (1m) or (2m) and the violation involves
18damaging or attempting to damage a natural resource and the violation occurs on
19land in a state natural area, as defined in s. 23.27 (1) (h), the person shall forfeit not
20more than $2,000.
AB770, s. 12 21Section 12. 23.095 (3) (d) 1. of the statutes is amended to read:
AB770,4,2522 23.095 (3) (d) 1. If Except as provided in subds. 2. and 3., if a person violates
23sub. (1m) or (2m) and the violation involves damaging or attempting to damage an
24archaeological feature, the person shall forfeit not less than $100 nor more than
25$10,000.
AB770, s. 13
1Section 13. 23.095 (3) (d) 2. of the statutes is amended to read:
AB770,5,52 23.095 (3) (d) 2. If Except as provided in subd. 3., if a person violates sub. (1m)
3or (2m) and the violation involves intentionally damaging or intentionally
4attempting to damage an archaeological feature, the person shall be fined not more
5than $10,000 or imprisoned for not more than 9 months or both.
AB770, s. 14 6Section 14. 23.095 (3) (d) 3. of the statutes is created to read:
AB770,5,127 23.095 (3) (d) 3. If a person violates sub. (2m) and the violation involves
8intentionally damaging or attempting to damage an archaeological feature in the
9pursuit of commercial gain, the person shall, in addition to the penalty imposed
10under subd. 2., be fined an amount 2 times the gross value gained or the gross loss
11caused by the violation, whichever is the greater, plus court costs and the costs of
12investigation and prosecution, reasonably incurred.
AB770, s. 15 13Section 15. 41.41 (5) (a) of the statutes is amended to read:
AB770,5,1514 41.41 (5) (a) Appoint an executive secretary director outside the classified
15service.
AB770, s. 16 16Section 16. 41.41 (5) (e) of the statutes is amended to read:
AB770,5,2317 41.41 (5) (e) Consult and cooperate with the department of agriculture, trade
18and consumer protection, the department of natural resources, the department of
19transportation, the department of commerce, the department of administration, the
20state historical society, the university of Wisconsin-extension, the Winnebago tribe
21and any other Indian tribe which
any federally recognized American Indian tribe or
22band in this state that
appoints a liaison representative to the board regarding the
23management of the Kickapoo valley reserve.
AB770, s. 17 24Section 17. 41.41 (7) (a) of the statutes is amended to read:
AB770,6,2
141.41 (7) (a) Delegate responsibility for administration of the Kickapoo valley
2reserve to the executive secretary director.
AB770, s. 18 3Section 18. 41.41 (7m) of the statutes is created to read:
AB770,6,74 41.41 (7m) Interim management. Notwithstanding subs. (2), (3) and (6) (a), the
5board may undertake interim management of land that is to be acquired from the
6federal government under sub. (2) prior to the transfer of the land to the state, if such
7interim management is approved by the federal government.
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