AB926: Bill Text

AB926, s. 430 Section 430. 23.098 (4) (b) of the statutes is amended to read:

AB926,82,25 23.098 (4) (b) The department may not encumber Not more than $20,000 may be encumbered for grants under this section for a department property in each fiscal year.

AB926, s. 431 Section 431. 23.11 (1) of the statutes is amended to read:

AB926,83,11 23.11 (1) In addition to the powers and duties heretofore conferred and imposed upon said the department by this chapter it shall have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests, and of all lands owned by the state or in which it has any interests, except lands the care and supervision of which are vested in some other officer, body or board; and said the department is granted such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by this chapter and by other provisions of law. But it may not perform any act upon state lands held for sale that will diminish their salable value.

AB926, s. 432 Section 432. 23.11 (5) of the statutes is amended to read:

AB926,83,17 23.11 (5) The department may require an applicant for a permit or statutory approval which the department, by order, may grant, to submit an environmental impact report if the area affected exceeds 40 acres, or the estimated cost of the project exceeds $25,000, or the applicant is requesting approval for a high capacity well described in s. 281.34 (4) (a) 1. to 3.

AB926, s. 433 Section 433. 23.113 of the statutes is renumbered 28.037.

AB926, s. 434 Section 434. 23.114 of the statutes, as affected by 2009 Wisconsin Act 42, is renumbered 28.039.

AB926, s. 435 Section 435. 23.125 of the statutes is repealed.

AB926, s. 436 Section 436. 23.13 of the statutes is amended to read:

AB926,84,2 23.13 Governor to be informed. The board of commissioners of public lands and, the department of natural resources , and the department of agriculture, trade and consumer protection shall furnish to the governor upon the governor's request a copy of any paper, document or record in their respective offices and give the governor orally such information as the governor may call for.

AB926, s. 437 Section 437. 23.135 of the statutes is renumbered 26.025.

AB926, s. 438 Section 438. 23.14 of the statutes is amended to read:

AB926,84,16 23.14 Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department of natural resources after July 1, 1977, for any new facility or project, and prior to the initial acquisition of any lands by the department of agriculture, trade and consumer protection for any new facility or project relating to forestry, the proposed initial acquisition shall be submitted to the governor for his or her approval. New facilities or projects include, without limitation because of enumeration, state parks, state forests, recreation areas, public shooting, trapping or fishing grounds or waters, fish hatcheries, game farms, forest nurseries, experimental stations, endangered species preservation areas, picnic and camping grounds, hiking trails, cross-country ski trails, bridle trails, nature trails, bicycle trails, snowmobile trails, youth camps, land in the lower Wisconsin state riverway as defined in s. 30.40 (15), natural areas and wild rivers.

AB926, s. 439 Section 439. 23.15 (title) of the statutes is amended to read:

AB926,84,19 23.15 (title) Sale of certain state-owned lands under the jurisdiction of the department of natural resources.

AB926, s. 440 Section 440. 23.15 (1) of the statutes is amended to read:

AB926,85,2 23.15 (1) The natural resources board may sell, at public or private sale, lands real property and structures owned by the state that are under the jurisdiction of the department of natural resources, except central or district office facilities, when if the natural resources board determines that said lands the real property and structures are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

AB926, s. 441 Section 441. 23.15 (1m) of the statutes is created to read:

AB926,85,10 23.15 (1m) The secretary of agriculture, trade and consumer protection may sell, at public or private sale, state forest land and structures on that land owned by the state that are under the jurisdiction of the department of agriculture, trade and consumer protection if the department of agriculture, trade and consumer protection determines that the real property and structures are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

AB926, s. 442 Section 442. 23.15 (2) of the statutes is amended to read:

AB926,85,20 23.15 (2) Said The natural resources board and the secretary of agriculture, trade and consumer protection shall present to the governor a full and complete report of the lands to be sold, the reason for the sale, the price for which said the lands should be sold together with, and an application for the their sale of the same. The governor shall thereupon make such investigation as the governor deems necessary respecting said lands to be sold may investigate and approve or disapprove such the application. If the governor shall approve the same, approves the application for the sale, the governor shall issue a permit shall be issued by the governor for such the sale on the terms set forth in the application.

AB926, s. 443 Section 443. 23.15 (3) of the statutes is amended to read:

AB926,86,7 23.15 (3) Upon completion of such a sale of land under the jurisdiction of the department of natural resources, the chairperson and secretary of the natural resources board, or and the secretary of natural resources, if the secretary is duly authorized by the natural resources board, shall execute such the necessary instruments as are necessary to transfer title and the natural resources board or its duly authorized agents shall deliver the same instruments to the purchaser upon payment of the amount set forth in the application. Upon completion of a sale of land under the jurisdiction of the department of agriculture, trade and consumer protection, the secretary of agriculture, trade and consumer protection shall execute the necessary instruments to transfer title and shall deliver the instruments to the purchaser upon payment of the amount set forth in the application.

AB926, s. 444 Section 444. 23.15 (4) of the statutes is amended to read:

AB926,86,15 23.15 (4) Said The natural resources board effecting the sale of any such lands and structures shall, upon receiving payment therefor, under sub. (3), shall deposit the funds moneys received in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creating creation and establishing establishment of public hunting and fishing grounds, wildlife and fish refuges, and state parks and for land in the lower Wisconsin state riverway as defined in s. 30.40 (15).

AB926, s. 445 Section 445. 23.15 (4m) of the statutes is created to read:

AB926,86,20 23.15 (4m) The secretary of agriculture, trade and consumer protection, upon receiving payment under sub. (3), shall deposit the moneys received in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creation and establishment of areas in state forests.

AB926, s. 446 Section 446. 23.15 (5) (a) of the statutes is amended to read:

AB926,87,2 23.15 (5) (a) In this subsection, "surplus land" means land under the jurisdiction of the department which of natural resources, or forest land that is under the jurisdiction of the department of agriculture, trade and consumer protection, that is unused and not needed for department that department's operations or that is not included in the that department's plan for construction or development.

AB926, s. 447 Section 447. 23.15 (5) (b) of the statutes is amended to read:

AB926,87,8 23.15 (5) (b) Biennially, beginning on January 1, 1984, the department of natural resources and the department of agriculture, trade and consumer protection shall each submit to the state building commission and the joint committee on finance an inventory of surplus land containing the description, location and fair market value of each parcel.

AB926, s. 448 Section 448. 23.16 (1) of the statutes is amended to read:

AB926,87,16 23.16 (1) Publication. The department may produce, issue or reprint magazines or other periodicals on a periodic basis as it determines, pertaining to fish and game, forests, parks, environmental quality and other similar subjects of general information. The department may distribute its magazines and periodicals by subscription. The department shall charge a fee for any of its magazines or periodicals, except that no fee may be charged to a person who is provided a subscription to the Wisconsin Natural Resources Magazine under s. 29.235.

AB926, s. 449 Section 449. 23.16 (5) of the statutes is amended to read:

AB926,87,22 23.16 (5) Use of moneys. The department shall use the moneys collected under this section for the costs specified in sub. (4). If the moneys collected under this section exceed the amount necessary for the costs specified in sub. (4), the department shall use the excess for educational and informational activities concerning conservation and the environment.

AB926, s. 450 Section 450. 23.165 (1) of the statutes is amended to read:

AB926,88,3 23.165 (1) Publications. The department may produce, issue, reprint and sell publications not published on a periodic basis that pertain to fish and game, forests, parks, environmental quality and other similar subjects of general information.

AB926, s. 451 Section 451. 23.165 (1m) of the statutes is amended to read:

AB926,88,8 23.165 (1m) Photographs, slides, videotapes, artwork. The department may produce, issue, reprint and sell photographs, slides, videotapes and artwork if they pertain to fish and game, forests, parks, environmental quality and other similar subjects of general information.

AB926, s. 452 Section 452. 23.165 (5m) of the statutes is amended to read:

AB926,88,14 23.165 (5m) Use of moneys. The department shall use the moneys collected under this section for the costs specified in sub. (5). If the moneys collected under this section exceed the amount necessary for the costs specified in sub. (5), the department shall use the excess for educational and informational activities concerning conservation and the environment.

AB926, s. 453 Section 453. 23.18 of the statutes is renumbered 278.18, and 278.18 (1) (a) and (b) (intro.), as renumbered, are amended to read:

AB926,88,19 278.18 (1) (a) Advise the department, the department of natural resources, the governor and the legislature on matters relating to the environmental, recreational and economic revitalization of the Milwaukee River basin.

AB926,88,20 (b) (intro.) Assist the department and the department of natural resources to:

AB926, s. 454 Section 454. 23.197 (2) (a) of the statutes is amended to read:

AB926,89,2 23.197 (2) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding to the city of Fort Atkinson for the restoration of a river wall along the Rock River. The amount provided by the department may not exceed the amount that equals the matching contribution made for the river wall by the city of Fort Atkinson or $96,500, whichever is less. The requirements for matching contributions under s. 30.277 23.0944 (5) shall apply.

AB926, s. 455 Section 455. 23.26 (3) of the statutes is amended to read:

AB926,89,10 23.26 (3) Advise the department of natural resources, the department of agriculture, trade and consumer protection, and other agencies on matters pertaining to the acquisition, development, utilization, maintenance and withdrawal of state natural areas, including determinations as to the extent of multiple use that may be allowed on state natural areas that are a part of a state park, state forest, public hunting ground or similar areas under state ownership or control.

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.