AB926: Bill Text

AB926, s. 545 Section 545. 27.01 (10) (d) 1. of the statutes is amended to read:

AB926,112,3 27.01 (10) (d) 1. The camping fee for each night at a campsite in a campground which is classified as a Type "A" campground by the department under par. (b) is $10 for a resident camping party.

AB926, s. 546 Section 546. 27.01 (10) (d) 2. of the statutes is amended to read:

AB926,112,7 27.01 (10) (d) 2. The camping fee for each night at a campsite in a campground which is classified as a Type "A" campground by the department under par. (b) is $12 for a nonresident camping party.

AB926, s. 547 Section 547. 27.01 (10) (d) 3. of the statutes is amended to read:

AB926,112,11 27.01 (10) (d) 3. The camping fee for each night at a campsite in a state campground which is classified as a Type "B" campground by the department under par. (b) is $9 for a resident camping party.

AB926, s. 548 Section 548. 27.01 (10) (d) 4. of the statutes is amended to read:

AB926,112,15 27.01 (10) (d) 4. The camping fee for each night at a campsite in a state campground which is classified as a Type "B" campground by the department under par. (b) is $11 for a nonresident camping party.

AB926, s. 549 Section 549. 27.01 (10) (d) 5. of the statutes is amended to read:

AB926,112,19 27.01 (10) (d) 5. The camping fee for each night at a campsite in a campground which is classified as a Type "C" campground by the department under par. (b) is $8 for a resident camping party.

AB926, s. 550 Section 550. 27.01 (10) (d) 6. of the statutes is amended to read:

AB926,112,23 27.01 (10) (d) 6. The camping fee for each night at a campsite in a campground which is classified as a Type "C" campground by the department under par. (b) is $10 for a nonresident camping party.

AB926, s. 551 Section 551. 27.01 (10) (e) of the statutes is amended to read:

AB926,113,7 27.01 (10) (e) Determination of residency. The department of natural resources and the department of agriculture, trade and consumer protection shall base its determination their determinations of whether a camping party is a resident or nonresident camping party upon the residency of the person who applies for a reservation under sub. (11) at the time the application for reservation is made or, if no reservation is made, the residency of the person who registers for the campsite at the time of registration.

AB926, s. 552 Section 552. 27.01 (10) (f) of the statutes is amended to read:

AB926,113,13 27.01 (10) (f) Waiver of fees; special fees. The department of natural resources or the department of agriculture, trade and consumer protection may waive camping fees, charge additional camping fees or charge special fees instead of camping fees for certain classes of persons or groups, certain areas, certain types of camping or times of the year and for admission to special events.

AB926, s. 553 Section 553. 27.01 (10) (g) (intro.) of the statutes is amended to read:

AB926,113,17 27.01 (10) (g) Additional camping fees. (intro.) Besides the additional camping fees authorized under par. (f), the department of natural resources or the department of agriculture, trade and consumer protection may charge:

AB926, s. 554 Section 554. 27.01 (10) (h) of the statutes is amended to read:

AB926,114,2 27.01 (10) (h) Increased camping fees. In addition to its authority under par. (f), the department of natural resources and the department of agriculture, trade and consumer protection shall determine which state campgrounds under their respective supervision and management are located in areas where local market conditions justify the establishment of charging higher camping fees to be charged by the department. For these state campgrounds, the department. The departments shall promulgate rules for state campgrounds under their respective supervision and management to establish higher camping fees to be based on the applicable local market conditions.

AB926, s. 555 Section 555. 27.01 (11) (a) of the statutes is amended to read:

AB926,114,9 27.01 (11) (a) Authorization. The department of natural resources and the department of agriculture, trade and consumer protection may establish and jointly operate a campground reservation system for state campgrounds in state parks, state forests and other lands under the either department's supervision and control. The department management and may participate with owners of private campgrounds in a cooperative reservation system.

AB926, s. 556 Section 556. 27.01 (11) (b) (intro.) of the statutes is amended to read:

AB926,114,14 27.01 (11) (b) Rules. (intro.) The department of natural resources and the department of agriculture, trade and consumer protection shall promulgate rules for the operation of the campground reservation system. The rules shall include all of the following:

AB926, s. 557 Section 557. 27.01 (11) (cm) of the statutes is amended to read:

AB926,114,19 27.01 (11) (cm) Contracts. The department of natural resources and the department of agriculture, trade and consumer protection may jointly enter into a contract with another party to operate the campground reservation system that the department establishes departments establish under par. (a).

AB926, s. 558 Section 558. 27.01 (11) (cr) (intro.) of the statutes is amended to read:

AB926,114,24 27.01 (11) (cr) Contracts; distribution of fees. (intro.) A contract entered into under this paragraph shall require that the department entering into the contract retain $1 of each reservation fee collected. Under the contract the other party shall be required to do either of the following:

AB926, s. 559 Section 559. 27.01 (11) (cr) 1. of the statutes is amended to read:

AB926,115,4 27.01 (11) (cr) 1. Remit the entire amount of each reservation fee it collects to the department. The with which it entered into the contract. That department shall credit to the appropriation under s. 20.370 (1) (2) (er) for payment to the party all but $1 of each fee remitted.

AB926, s. 560 Section 560. 27.01 (11) (cr) 2. of the statutes is amended to read:

AB926,115,7 27.01 (11) (cr) 2. Remit $1 of each reservation fee it collects to the department with which it entered into the contract.

AB926, s. 561 Section 561. 27.01 (11) (i) of the statutes is amended to read:

AB926,115,15 27.01 (11) (i) Cooperation with tourism. The department of natural resources and the department of tourism shall work jointly to establish an on any automated campground reservation system established or operated by the department of natural resources. The department of agriculture, trade and consumer protection and the department of tourism shall work jointly on any automated campground reservation system established or operated by the department of agriculture, trade and consumer protection.

AB926, s. 562 Section 562. 27.01 (12) of the statutes is amended to read:

AB926,115,22 27.01 (12) Legal counsel. A representative of the department of justice designated by the attorney general shall act as legal counsel for said the department of natural resources, both in proceedings and litigation, and in giving advice and counsel. The respective district attorneys of the county or counties where said the relevant park is or shall be located shall prosecute all violations of this section occurring within their respective counties as provided in s. 26.18.

AB926, s. 563 Section 563. 27.01 (17) of the statutes, as created by 2009 Wisconsin Act 54, is amended to read:

AB926,116,7 27.01 (17) Limited golf cart use. The department shall permit the use of golf carts by persons age 16 and over in Governor Tommy G. Thompson Centennial State Park and the Peshtigo River State Forest. The department shall promulgate a rule that specifies when and where golf carts may be used in the state park and the state forest. The rule shall allow golf carts to be used for at least the same hours and in at least the same places as golf carts were used in the state park and the state forest before they were it was acquired by the state.

AB926, s. 564 Section 564. 27.016 (1) (a) of the statutes is amended to read:

AB926,116,11 27.016 (1) (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.

AB926, s. 565 Section 565. 27.016 (1) (b) of the statutes is amended to read:

AB926,116,16 27.016 (1) (b) "Friends group" means a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code that is organized to raise funds for state parks, state forests or state recreation areas.

AB926, s. 566 Section 566. 27.016 (1) (c) of the statutes is repealed.

AB926, s. 567 Section 567. 27.016 (2) (a) of the statutes is amended to read:

AB926,116,22 27.016 (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.

AB926, s. 568 Section 568. 27.016 (2) (b) of the statutes is amended to read:

AB926,117,2 27.016 (2) (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.

AB926, s. 569 Section 569. 27.016 (3) of the statutes is amended to read:

AB926,117,7 27.016 (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.

AB926, s. 570 Section 570. 27.016 (4) of the statutes is amended to read:

AB926,117,11 27.016 (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.

AB926, s. 571 Section 571. 27.016 (5) of the statutes is amended to read:

AB926,117,18 27.016 (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.

AB926, s. 572 Section 572. 27.016 (6) of the statutes is amended to read:

AB926,117,25 27.016 (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) (2) (es). 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.

AB926, s. 573 Section 573. 27.016 (7) of the statutes is amended to read:

AB926,118,6 27.016 (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) (2) (es) 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.

AB926, s. 574 Section 574. 28.005 of the statutes is amended to read:

AB926,118,10 28.005 Definition. "Department" when used in this chapter without other words of description or qualification means the department of natural resources agriculture, trade and consumer protection.

AB926, s. 575 Section 575. 28.012 of the statutes is created to read:

AB926,118,16 28.012 Powers of department. (1) For the state forests, the department may accept and administer, in the name of the state, any gifts, grants, bequests, and devises, including land, interests in land, and funds made available to the department by the federal government under any act of congress relating to any of the functions of the department.

AB926,118,18 (2) The department may extend or consolidate lands or waters suitable for the state forests by the exchange of other lands or waters under its supervision.

AB926,118,20 (3) The department may accept donations of buildings, facilities, and structures to be constructed upon lands owned by this state in the state forests.

AB926,118,22 (4) The department may grant easements to parts or parcels of areas in the state forests.

AB926,119,6 (5) All funds included in the gifts, grants, bequests, and devises received or expected to be received by the department for the state forests under its jurisdiction in a biennium shall be included in the statement of its actual and estimated receipts and disbursements for such biennium required to be contained in the biennial state budget report under s. 16.46. Those funds shall be considered to be, and shall be treated the same as, other actual and estimated receipts and disbursements of the department. The department may acknowledge the receipt of any funding from a particular person or group in any department pamphlet, bulletin, or other publication.

AB926,119,17 (6) The donor of any building, facility, or structure under sub. (3) may contract for this construction according to plans and specifications provided by the department or may enter into a contract for professional architectural and engineering services to develop plans and specifications for the building, facility, or structure and contract for their construction. Upon the completion of construction satisfactory to the department, title to the building, facility, or structure shall vest in the state. No person may construct any building, facility, or structure under this subsection without the prior approval of the department regarding plans and specifications, materials, suitability, design, capacity, or location. The plans and specifications for any building, structure, or facility donated under sub. (3) shall also be subject to the approval of the building commission.

AB926,119,21 (7) Any easements granted under sub. (4) or s. 28.02 (5) and any leases under s. 23.305 or 26.08 by the department shall have the restrictions necessary to preserve and protect the land subject to the lease or easement for the purposes for which it was acquired or made part of the state forests.

AB926,120,2 (8) (a) In this subsection, "easement" includes a negative easement, a restrictive covenant, a covenant running with the land, and any other right for a lawful use of the property together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of the property.

AB926,120,4 (b) The department may acquire any easement for the benefit of any area in the state forests.

AB926,120,10 (9) If there are areas of the state forests under the jurisdiction of the department that are inaccessible because they are surrounded by lands not belonging to the state, and if the department determines that the usefulness or value of these areas for these state forests will be increased if there is access to them over lands not belonging to the state, the department may acquire the land necessary to construct highways that will furnish the needed access.

AB926, s. 576 Section 576. 28.02 (title) of the statutes is amended to read:

AB926,120,12 28.02 (title) State forests forest lands.

AB926, s. 577 Section 577. 28.02 (1) of the statutes is amended to read:

AB926,121,2 28.02 (1) Defined. "State forests forest lands" include all lands granted to the state by an act of congress entitled, "An act granting lands to the state of Wisconsin for forestry purposes," approved June 27, 1906; all lands donated to the state by the Nebagamon Lumber Company for forestry purposes; all lands acquired pursuant to chapter 450, laws of 1903, chapter 264, laws of 1905, chapter 638, laws of 1911, and chapter 639, laws of 1911, or under ss. 1494-41 to 1494-62, 1915 stats., and all lands subsequently acquired for forestry purposes. Unless an island is designated as state forest land by the department, "state forest lands" do not include lands granted to the state by an act of congress entitled, "An act granting unsurveyed and unattached islands to the state of Wisconsin for forestry purposes," approved August 22, 1912. The department may designate as state forest lands any lands within state forest boundaries which were purchased with other conservation funds and where forestry would not conflict with a more intensive use.

AB926, s. 578 Section 578. 28.022 of the statutes is created to read:

AB926,121,9 28.022 Limited golf cart use. The department shall permit the use of golf carts by persons age 16 and over in the Peshtigo River State Forest. The department shall promulgate a rule that specifies when and where golf carts may be used in the state forest. The rule shall allow golf carts to be used for at least the same hours and in at least the same places as golf carts were used in the state forest before it was acquired by the state.

AB926, s. 579 Section 579. 28.025 (3) (a) 2. of the statutes is amended to read:

AB926,121,14 28.025 (3) (a) 2. Notwithstanding subd. 1., the department shall submit its report to the council on forestry as required under subd. 1. by January 1, 2009, and biennially thereafter, if the forested property that is the subject of the report has not been inventoried by the department under s. 23.135 26.025.

AB926, s. 580 Section 580. 28.03 (1) of the statutes is amended to read:

AB926,121,17 28.03 (1) Defined. State forests shall consist of well blocked areas of state owned lands which have been established as state forests by the department.

AB926, s. 581 Section 581. 28.035 (2) of the statutes is amended to read:

AB926,121,24 28.035 (2) The department shall enter into an comply with the agreement with the Wisconsin department of the American Legion for hunting in the state forest lands described as lots 3, 4, 6 and 7 of section 8 and lots 2 and 3 of section 17, township 38 north, range 7 east, Oneida County, which are used in connection with Camp American Legion and which the Legion is now maintaining on this location as a restoration camp for sick and disabled veterans and their dependents.

AB926, s. 582 Section 582. 28.035 (3) (b) of the statutes is amended to read:

AB926,122,6 28.035 (3) (b) The ownership of all of the buildings and equipment of the camp shall revert to the state upon the discontinuance of the use thereof for such purposes. On or before January 15 of each year the department of the American Legion shall file with the governor, the department of veterans affairs, and the department of natural resources agriculture, trade and consumer protection a written report of the operations and the financial status of the camp.

AB926, s. 583 Section 583. 28.047 of the statutes is created to read:

AB926,122,9 28.047 Designation of trails and areas. (1) In this section, "special use area" includes a trail, campground, or picnic area.

AB926,122,11 (2) The department shall designate special use areas in state forests and shall indicate the location of each special use area in one of the following manners:

AB926,122,13 (a) By showing it on a map available at the district office of the department that is nearest to the special use area.

AB926,122,15 (b) By indicating its location on a sign outside any office of the department that is located within the same state forest.