AB926: Bill Text

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:

AB926,101,3 26.06 (1) Foresters, forest supervisors, rangers, and state forest rangers and wardens of the department and the cruisers and foresters of the board of commissioners of public lands have the enforcement powers specified in s. 26.97 with respect to, and may seize, without process, any forest products unlawfully severed from public lands of the state, federal lands leased to the state, county forest lands entered under s. 28.11, forest croplands entered under subch. I of ch. 77 or managed forest land designated under subch. VI of ch. 77. Seized products cut from lands under the control of the board of commissioners of public lands shall be held for the commissioners and those cut from forest croplands, managed forest land or county forest shall be held for the owner, and subject to the payment of severance taxes, yield taxes or severance share thereon to the state. Products cut from state forest lands or federal lands leased to the department shall be appraised and sold. Products appraised at more than $500 shall be sold on sealed bids not less than 10 days after a class 1 notice has been published, under ch. 985, in the county where the material is located. Any sheriff may seize and hold for the owner thereof any forest products unlawfully severed or removed.

AB926, s. 505 Section 505. 26.08 (1) of the statutes is amended to read:

AB926,101,16 26.08 (1) The department of agriculture, trade and consumer protection may, from time to time, lease parts or parcels of state park lands or state forest lands. The department of natural resources may lease parts or parcels of state park lands. These leases shall contain proper covenants to guard against trespass and waste. The rents arising from these leases shall be paid into the state treasury to the credit of the proper fund. Licenses also may be granted to prospect for ore or mineral upon any of these lands; but proper security shall be taken that the licensees will fully inform the department of every discovery of ore or mineral and will restore the surface to its former condition and value if no discovery of valuable deposits is made. The department that enters into a lease or grants a license shall retain a copy of each lease or license and file the original in the office of the board of commissioners of public lands.

AB926, s. 506 Section 506. 26.08 (2) (a) of the statutes is amended to read:

AB926,101,20 26.08 (2) (a) Except as provided under pars. (b) to (d), the department may lease state park land or state forest land leases under sub. (1) shall be for terms not exceeding 15 years.

AB926, s. 507 Section 507. 26.08 (2) (b) of the statutes is amended to read:

AB926,101,23 26.08 (2) (b) The department of natural resources may lease Rib Mountain state park lands and Willow River state park lands for terms not exceeding 30 years.

AB926, s. 508 Section 508. 26.08 (2) (bn) of the statutes is amended to read:

AB926,102,3 26.08 (2) (bn) The department of natural resources may lease state park land located within the boundaries of the Wisconsin Dells natural area for terms not exceeding 30 years.

AB926, s. 509 Section 509. 26.08 (2) (c) of the statutes is amended to read:

AB926,102,6 26.08 (2) (c) The department of natural resources may lease Kettle Moraine state forest land for the YMCA Camp Matawa for a term not exceeding 30 years.

AB926, s. 510 Section 510. 26.08 (2) (d) of the statutes is amended to read:

AB926,102,11 26.08 (2) (d) The department of agriculture, trade and consumer protection may lease Northern Highland American Legion State Forest land on Statehouse Lake in the town of Manitowish Waters for the North Lakeland Discovery Center for a term not exceeding 30 years.

AB926, s. 511 Section 511. 26.08 (3) of the statutes is amended to read:

AB926,102,17 26.08 (3) The department of natural resources and the department of agriculture, trade and consumer protection shall furnish to the board of commissioners of public lands such maps, plats, surveys, valuations, information and other services as the board may request respecting any of the public lands, for use by it in granting leases or licenses or in making sales under s. 24.39.

AB926, s. 512 Section 512. 26.11 (6) of the statutes is amended to read:

AB926,103,3 26.11 (6) The department, as the director of the effort, may suppress a forest fire on lands located outside the boundaries of intensive or extensive forest fire protection districts but not within the limits of any city or village if the town responsible for suppressing fires within its boundaries spends more than $3,000, as determined by rates established by the department, on suppressing the forest fire and if the town chairperson makes a request to the department for assistance. Persons participating in the suppression efforts shall act at the direction of the department after the department begins suppression efforts under this subsection. Funds expended by the state under this subsection shall be expended from the appropriation under s. 20.370 (1) (mv) 20.115 (5) (q).

AB926, s. 513 Section 513. 26.11 (7) of the statutes is amended to read:

AB926,103,9 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) 20.115 (5) (rf) and (mz) (z) exceeds $1,000,000 on June 30 of any fiscal year, the amount in excess of $1,000,000 shall lapse from the appropriation account under s. 20.370 (1) (cs) 20.115 (5) (rf) to the conservation fund, except as provided in par. (b).

AB926,103,13 (b) Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation account under s. 20.370 (1) (cs) 20.115 (5) (rf) 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) 20.115 (5) (z).

AB926, s. 514 Section 514. 26.12 (2) of the statutes is amended to read:

AB926,104,2 26.12 (2) Organization. The department shall organize each forest protection area so as to most effectively prevent, detect and suppress forest fires, and to that end may employ experienced wardens or state forest rangers to have charge of its efforts in each area; may subdivide each area into patrol areas; may establish lookout towers, construct ranger stations, telephone lines, purchase tools for fire fighting as well as other necessary supplies or equipment, and carry on all other activities considered necessary to effectively protect the area from forest fires, including the promulgation of rules for the payment of fire fighters, the preparation of notices and forms for publication and the disposition and use of all fire-fighting equipment or property. All property or equipment purchased by the state shall be owned by the state, but counties or towns may purchase and own equipment for fire suppression, and the equipment shall be used for the improvement of the forest fire-fighting organization.

AB926, s. 515 Section 515. 26.14 (2) of the statutes is amended to read:

AB926,104,9 26.14 (2) All such state forest rangers, town chairpersons, emergency fire wardens, conservation wardens and other duly appointed deputies may in the performance of their official duty go on the lands of any person to fight forest fires, and in so doing may set back fires, dig trenches, cut fire lines or carry on all other customary activities in the fighting of forest fires, without incurring a liability to anyone.

AB926, s. 516 Section 516. 26.14 (4) of the statutes is amended to read:

AB926,105,2 26.14 (4) Emergency fire wardens or those assisting them in the fighting of forest fires shall prepare itemized accounts of their services and the services of those employed by them, as well as other expenses incurred, on blanks to be furnished by the department and in a manner prescribed by the department, and make oaths or affirmation that said account is just and correct, which account shall be forwarded and approved for payment by the department. As soon as any such account has been paid by the secretary of administration the department of natural resources agriculture, trade and consumer protection shall send to the proper county treasurer a bill for the county's share of such expenses. The county shall have 60 days within which to pay such bill, but if not paid within that time the county shall be liable for interest at the rate of 6% per year. If payment is not made within 60 days the department of administration shall include such amount as a part of the next levy against the county for state taxes, but no county shall be required to pay more than $5,000 in any one year. Any unpaid levy under this section shall remain a charge against the county and the department of administration shall include such unpaid sums in the state tax levy of the respective counties in subsequent years.

AB926, s. 517 Section 517. 26.20 (6) (b) of the statutes is amended to read:

AB926,105,7 26.20 (6) (b) Any state forest ranger, conservation warden, sheriff or other duly appointed authority may, in the performance of official duties, require any train causing fires or suspected of causing fires to stop within a safe distance from the fires to avoid further setting or spread of fire.

AB926, s. 518 Section 518. 26.22 of the statutes is amended to read:

AB926,105,13 26.22 Sales, etc. The department of agriculture, trade and consumer protection and the department of natural resources may sell any timber on land under the respective department's jurisdiction which that has been damaged by fire, snow, hail, ice, insects, disease, or wind, on such terms and in such manner as the department determines is in the best interest of the state.

AB926, s. 519 Section 519. 26.30 (2) of the statutes is amended to read:

AB926,106,2 26.30 (2) Powers. The department is vested with authority and jurisdiction in all matters relating to the prevention, detection and control of forest pests on the forest lands of the state, and to do all things necessary in the exercise of such authority and jurisdiction, except that this shall not be construed to grant any powers or authority to the department for the silvicultural control of forest pests on any land. This section shall apply only to the detection and control of forest pests on forest lands and does not affect the authority of the department of agriculture, trade and consumer protection under chs. 93 and 94. The action of the department under sub. (4) shall be coordinated with the department of agriculture, trade and consumer protection in accordance with s. 20.901. The secretaries of natural resources and agriculture, trade and consumer protection shall execute annually a memorandum of agreement to enable the coordination of pest control work of their departments.

AB926, s. 520 Section 520. 26.30 (4) of the statutes is amended to read:

AB926,106,8 26.30 (4) Surveys, investigations and control. The department shall make surveys and investigations to determine the presence, condition and extent of infestations and it shall also carry on control measures when necessary. For such purposes the department or its wardens state forest rangers may enter public and private lands at reasonable times without incurring a liability to anyone.

AB926, s. 521 Section 521. 26.30 (5) of the statutes is amended to read:

AB926,106,15 26.30 (5) Cooperative agreements. To carry out the purposes of this section the department may enter into arrangements or agreements with the University of Wisconsin System, the department of agriculture, trade and consumer protection natural resources, other departments of this and other states, the U.S. department of agriculture and other federal agencies and with counties, towns, corporations and individuals.

AB926, s. 522 Section 522. 26.36 of the statutes is amended to read:

AB926,106,24 26.36 Forest energy resources. Biennially, in consultation with the department of agriculture, trade and consumer protection natural resources and any other appropriate agency, the department shall prepare a report regarding the extent of forest lands in this state and the potential of such lands to provide fuel for use in electric generating facilities, industrial facilities and home heating systems. The report shall evaluate progress made in meeting the afforestation goal under s. 1.12 (3) (c). The department shall submit the report before April 1 of each even-numbered year to the legislature under s. 13.172 (3).

AB926, s. 523 Section 523. 26.37 (1) (intro.) of the statutes is amended to read:

AB926,107,7 26.37 (1) (intro.) The department of natural resources agriculture, trade and consumer protection and the department of commerce shall jointly develop a comply with any plan to establish developed by the department of natural resources and the department of commerce 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 if the plan shall do does all of the following:

AB926, s. 524 Section 524. 26.37 (1) (a) of the statutes is amended to read:

AB926,107,10 26.37 (1) (a) Define Defines the powers, duties and responsibilities of the consortium.

AB926, s. 525 Section 525. 26.37 (1) (b) of the statutes is amended to read:

AB926,107,15 26.37 (1) (b) Establish Establishes 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 agriculture, trade and consumer protection, the department of commerce and the forest products industry.

AB926, s. 526 Section 526. 26.37 (1) (c) of the statutes is amended to read:

AB926,107,19 26.37 (1) (c) Specify Specifies 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.

AB926, s. 527 Section 527. 26.37 (1) (d) of the statutes is amended to read: