AB926: Bill Text

AB926, s. 456 Section 456. 23.30 (4) of the statutes is created to read:

AB926,89,14 23.30 (4) Consultation required. In carrying out its duties under sub. (3) and its duties under s. 23.31, the natural resources board shall consult with the department of agriculture, trade and consumer protection.

AB926, s. 457 Section 457. 23.305 (title) of the statutes is amended to read:

AB926,89,17 23.305 (title) Leasing of department land certain lands for recreational purposes.

AB926, s. 458 Section 458. 23.305 (2) of the statutes is amended to read:

AB926,89,24 23.305 (2) Notwithstanding ss. 23.30 and 28.04, the department of natural resources may lease state park land or state forest land to towns, villages, or counties for outdoor recreational purposes associated with spectator sports. Notwithstanding ss. 23.30 and 28.04, the department of agriculture, trade and consumer protection may lease state forest land to towns, villages, or counties for outdoor recreational purposes associated with spectator sports.

AB926, s. 459 Section 459. 23.305 (3) of the statutes is amended to read:

AB926,90,8 23.305 (3) The lease shall be for a term not to exceed 15 years. The lease shall contain covenants to protect the department entering into the lease from all liability and costs associated with use of the land and to guard against trespass and waste. The rents arising from the a lease entered into by the department of natural resources shall be paid into the state treasury and credited to the proper conservation fund. The rents arising from a lease entered into by the department of agriculture, trade and consumer protection shall be paid into the state treasury and credited to the conservation fund.

AB926, s. 460 Section 460. 23.32 of the statutes is renumbered 278.32.

AB926, s. 461 Section 461. 23.325 (1) (a) of the statutes is amended to read:

AB926,90,15 23.325 (1) (a) Shall consult with the department of administration, the department of transportation, the department of agriculture, trade and consumer protection, and the state cartographer, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.

AB926, s. 462 Section 462. 23.325 (2) (a) of the statutes is amended to read:

AB926,90,20 23.325 (2) (a) After consultation with the department of transportation, the department of agriculture, trade and consumer protection, and the state cartographer, the department of natural resources shall select the photographic products to be sold.

AB926, s. 463 Section 463. 23.325 (4) of the statutes is amended to read:

AB926,91,2 23.325 (4) All income received by the department of natural resources, the department of agriculture, trade and consumer protection, and the department of transportation from the sale of the photographic products, less the amount retained by the department of agriculture, trade and consumer protection under s. 93.077 and the amount retained by the department of transportation under s. 85.10, shall be deposited in the conservation fund.

AB926, s. 464 Section 464. 23.33 (1) (ig) of the statutes is amended to read:

AB926,91,7 23.33 (1) (ig) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) or a person appointed as a state forest ranger under s. 28.92.

AB926, s. 465 Section 465. 23.33 (2) (o) of the statutes is amended to read:

AB926,91,11 23.33 (2) (o) Receipt of fees. All fees remitted to or collected by the department under par. (ir) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (jw).

AB926, s. 466 Section 466. 23.33 (5) (a) of the statutes is amended to read:

AB926,92,2 23.33 (5) (a) Age restriction. No person under 12 years of age may operate an all-terrain vehicle unless he or she is operating the all-terrain vehicle for an agricultural purpose and he or she is under the supervision of a person over 18 years of age or unless he or she is operating a small all-terrain vehicle on an all-terrain vehicle trail designated by the department of natural resources or the department of agriculture, trade and consumer protection and he or she is accompanied by his or her parent. No person who is under 12 years of age may operate an all-terrain vehicle which is an implement of husbandry on a roadway under any circumstances. No person who is under 12 years of age may operate an all-terrain vehicle on a roadway under the authorization provided under sub. (4) (d) 6. under any circumstances. No person who is under 12 years of age may rent or lease an all-terrain vehicle. For purposes of this paragraph, supervision does not require that the person under 12 years of age be subject to continuous direction or control by the person over 18 years of age.

AB926, s. 467 Section 467. 23.33 (5m) (c) 4. of the statutes is amended to read:

AB926,92,8 23.33 (5m) (c) 4. Assisting the department of natural resources, the department of agriculture, trade and consumer protection, and the department of tourism in creating an outreach program to inform local communities of appropriate all-terrain vehicle use in their communities and of the economic benefits that may be gained from promoting tourism to attract all-terrain vehicle operators.

AB926, s. 468 Section 468. 23.33 (5m) (c) 5. of the statutes is amended to read:

AB926,92,15 23.33 (5m) (c) 5. Attempting to improve and maintain its relationship with the department of natural resources, the department of agriculture, trade and consumer protection, the department of tourism, all-terrain vehicle dealers, all-terrain vehicle manufacturers, snowmobile clubs, as defined in s. 350.138 (1) (e), snowmobile alliances, as defined in s. 350.138 (1) (d), and other organizations that promote the recreational operation of snowmobiles.

AB926, s. 469 Section 469. 23.33 (8) (c) of the statutes is amended to read:

AB926,92,20 23.33 (8) (c) Trails. A town, village, city, county or, the department of natural resources, or the department of agriculture, trade and consumer protection may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.

AB926, s. 470 Section 470. 23.33 (9) (a) of the statutes is amended to read:

AB926,93,2 23.33 (9) (a) Enforcement. The department may utilize moneys received under sub. (2) for all-terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (1) (as) and (5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.

AB926, s. 471 Section 471. 23.33 (9) (b) (intro.) of the statutes is amended to read:

AB926,93,8 23.33 (9) (b) All-terrain vehicle projects. (intro.) Any of the following all-terrain vehicle projects are eligible for funding as a state all-terrain vehicle project from the appropriation account under s. 20.370 (1) (ms) or 20.115 (5) (sr) or for aid as a nonstate all-terrain vehicle project from the appropriation accounts under s. 20.370 (5) (ct) and (cu):

AB926, s. 472 Section 472. 23.33 (9m) of the statutes is created to read:

AB926,93,12 23.33 (9m) State trails. The department of agriculture, trade and consumer protection shall designate, develop, and maintain the all-terrain vehicle trails in state forests.

AB926, s. 473 Section 473. 23.33 (12) (a) of the statutes is amended to read:

AB926,93,18 23.33 (12) (a) An officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), conservation warden appointed by the department under s. 23.10, county sheriff or municipal peace Any law enforcement officer has authority and jurisdiction to enforce this section and ordinances enacted in conformity with this section.

AB926, s. 474 Section 474. 23.385 of the statutes is created to read:

AB926,93,23 23.385 Financial interest prohibited. The secretary and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise that might profit by weak or preferential administration or enforcement of the powers and duties of the department.

AB926, s. 475 Section 475. 23.40 (3) (d) of the statutes is amended to read:

AB926,94,5 23.40 (3) (d) Except as provided in par. (e), the The department shall deposit any environmental impact statement fee in the general fund and shall designate clearly the amount of the fee related to the cost of authorized environmental consultant services and the amount of the fee related to the cost of printing and postage.

AB926, s. 476 Section 476. 23.40 (3) (e) of the statutes is repealed.

AB926, s. 477 Section 477. 23.41 (1) (intro.) and (b) of the statutes are consolidated, renumbered 23.41 (1) and amended to read:

AB926,94,11 23.41 (1) In this section: (b) "Environmental, "environmental consultant services" includes services provided by environmental scientists, engineers and other experts.

AB926, s. 478 Section 478. 23.41 (1) (a) of the statutes is repealed.

AB926, s. 479 Section 479. 23.41 (2) of the statutes is repealed.

AB926, s. 480 Section 480. 23.41 (5) of the statutes is repealed.

AB926, s. 481 Section 481. 23.41 (5m) of the statutes is repealed.

AB926, s. 482 Section 482. 23.42 of the statutes is renumbered 278.42.

AB926, s. 483 Section 483. 23.425 (title), (1) and (2) (a) of the statutes are renumbered 278.425 (title), (1) and (2).

AB926, s. 484 Section 484. 23.425 (2) (b) of the statutes is renumbered 23.425 and amended to read:

AB926,94,24 23.425 MacKenzie center. The fees collected by the department under par. (a) may collect fees for the use of the MacKenzie environmental center. The fees shall be deposited in the general fund and credited to the appropriation under s. 20.370 (9) (1) (gb).

AB926, s. 485 Section 485. 23.50 (1) of the statutes is amended to read:

AB926,95,11 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), and 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2) subchs. IV and V of ch. 30, subch. VI of ch. 77, this chapter, and chs. 26 to 31 29, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB926, s. 486 Section 486. 23.53 (1) of the statutes is amended to read:

AB926,95,24 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 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. 287.81. 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.

AB926, s. 487 Section 487. 23.65 (1) of the statutes is amended to read:

AB926,96,7 23.65 (1) When it appears to the district attorney that a violation of s. 90.21, or 134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 or 299.64 (2), subch. IV or V of ch. 30, this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or any administrative rule promulgated pursuant thereto, a violation specified under s. 285.86, or a violation of ch. 951, if the animal involved is a captive wild animal, has been committed the district attorney may proceed by complaint and summons.

AB926, s. 488 Section 488. 23.65 (3) of the statutes is amended to read:

AB926,96,14 23.65 (3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of s. 287.07, 287.08 or 287.81 subch. IV or V of ch. 30, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350 or a violation specified under s. 285.86. The district attorney shall be informed of the hearing and may attend.

AB926, s. 489 Section 489. 24.39 (1) of the statutes is amended to read:

AB926,97,3 24.39 (1) The board of commissioners of public lands may grant leases of parts or parcels of any public lands except state park lands and state forest lands; grant easements, leases to enter upon any of said lands to flow the same or to prospect for and to dig and remove therefrom ore, minerals and other deposits, and sell therefrom such timber as the board shall find necessary to prevent future loss or damage. All sales of standing live timber shall be on a selective cutting basis in line with federal forest practices. Such easements, leases, licenses and sales shall be made only for a full and fair consideration paid or to be paid to the state, the amount and terms whereof shall be fixed by said board, and such easements, leases, licenses and sales shall conform to the requirements, so far as applicable, prescribed by ch. 26 for the exercise by the department of natural resources and the department of agriculture, trade and consumer protection of similar powers affecting state park lands and state forest lands.

AB926, s. 490 Section 490. 24.39 (2) of the statutes is amended to read:

AB926,97,9 24.39 (2) In negotiating for such leases, licenses or sales, and in exercising the other powers conferred by this section the board of commissioners of public lands shall, so far as it finds it desirable and practicable, request and make proper use of such services and information as the department of natural resources or the department of environmental quality may be able to furnish.

AB926, s. 491 Section 491. 24.39 (4) (c) of the statutes is amended to read:

AB926,97,15 24.39 (4) (c) No leases under par. (a) may be executed without a prior finding of the department of natural resources environmental quality under s. 30.11 (5) that any proposed physical change in the area contemplated as the result of the execution of any term lease is consistent with the public interest in the navigable waters involved.

AB926, s. 492 Section 492. 24.39 (4) (f) of the statutes is amended to read:

AB926,97,25 24.39 (4) (f) A municipality may sublease rights leased to it under par. (a) 1. or 2. to corporations or private persons. A municipality may also make physical improvements on and above the bottoms to which rights were leased from the board of commissioners of public lands and may sublease these improvements to corporations or private persons. Any subleases under this paragraph shall be consistent with this subsection and with whatever standards or restrictions the department of natural resources environmental quality, acting under s. 30.11 (5), may have found at the time of execution of the original lease by the board of commissioners of public lands to the municipality.

AB926, s. 493 Section 493. 24.58 of the statutes is amended to read:

AB926,98,6 24.58 Appraisers. The board may select employees of the department of natural resources or the department of agriculture, trade and consumer protection to appraise lands or perform other services in field and forest. The board shall reimburse the respective department under a contract with the department for the performance of public land management services.

AB926, s. 494 Section 494. 25.29 (6) of the statutes is amended to read:

AB926,98,11 25.29 (6) All moneys received from the United States for fire prevention and control, forest planting, and other forestry activities, for wildlife restoration projects and fish restoration and management projects, and for other purposes shall be devoted to the purposes for which these moneys are received.

AB926, s. 495 Section 495. 25.29 (7) (a) of the statutes is amended to read:

AB926,98,20 25.29 (7) (a) Eight percent of the tax levied under s. 70.58 or of the funds provided for in lieu of the levy shall be used to acquire and develop forests of the state for the purposes or capable of providing the benefits described under s. 28.04 (2) within areas approved by the department of agriculture, trade and consumer protection and the governor and located within the region composed of Manitowoc, Calumet, Winnebago, Sheboygan, Fond du Lac, Ozaukee, Washington, Dodge, Milwaukee, Waukesha, Jefferson, Racine, Kenosha, Walworth, Rock and Outagamie counties.

AB926, s. 496 Section 496. 25.29 (7) (b) of the statutes is amended to read:

AB926,99,2 25.29 (7) (b) An additional 4% of the tax levied under s. 70.58 or of the funds provided in lieu of the levy shall be used to purchase forests for the state for the purposes or capable of providing the benefits described under s. 28.04 (2) within areas approved by the department of agriculture, trade and consumer protection and the governor and located within the region specified under par. (a) (am).

AB926, s. 497 Section 497. 25.295 (1) (b) of the statutes is amended to read:

AB926,99,7 25.295 (1) (b) Notwithstanding s. 23.15 (4), all moneys received by the department of natural resources state from utility easements on property located in the state park system, a southern state forest, as defined in s. 27.016 (1) (c), or a state recreation area under ss. 23.09 (10), 27.01 (2) (g) and 28.02 (5).

AB926, s. 498 Section 498. 25.43 (2) (c) of the statutes is amended to read:

AB926,99,14 25.43 (2) (c) The department of administration may establish and change accounts in the environmental improvement fund other than those under pars. (a), (ae), (am) and (b). The department of administration shall consult the department of natural resources environmental quality before establishing or changing an account that is needed to administer the programs under ss. 281.58, 281.59 and 281.61.

AB926, s. 499 Section 499. 25.43 (3) of the statutes is amended to read:

AB926,99,20 25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the environmental improvement fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s), (sm), (t), (x) and (y), (2) (s) and (x) and (3) (q), 20.370 20.375 (4) (mt), (mx) and, (nz), (8) (mr) and (9) (mt), (mx) and (ny) (sr), (tt), (tx), and (ty), 20.505 (1) (v), (x) and (y), 281.58, 281.59, 281.60, 281.61 and 281.62.

AB926, s. 500 Section 500. 25.46 (1e) of the statutes is amended to read:

AB926,99,23 25.46 (1e) The moneys transferred under s. 20.370 20.375 (2) (mu) for environmental management.

AB926, s. 501 Section 501. 25.46 (1g) of the statutes is amended to read:

AB926,100,2 25.46 (1g) The moneys transferred under s. 20.370 20.375 (4) (mw) for environmental management.

AB926, s. 502 Section 502. 26.01 (1) of the statutes is amended to read:

AB926,100,5 26.01 (1) Unless the context requires otherwise, "department" means the department of natural resources agriculture, trade and consumer protection.

AB926, s. 503 Section 503. 26.02 (1) (intro.) of the statutes is amended to read:

AB926,100,11 26.02 (1) Duties. (intro.) The council on forestry shall advise the governor, the legislature, the department of natural resources agriculture, trade and consumer protection, the department of commerce, and other state agencies, as determined to be appropriate by the council, on all of the following topics as they affect forests located in this state:

AB926, s. 504 Section 504. 26.06 (1) of the statutes is amended to read: