Wisconsin Statutes
Wis. Stat. § 16.846 (2026)
Rules relating to use, care and preservation of property under department control
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16.846(1)(a)(a) The department shall promulgate under ch. 227, and shall enforce or have enforced, rules of conduct for property leased or managed by the department. Unless the rule specifies a penalty as provided under par. (b), a person found guilty of violating a rule promulgated under this subsection shall be fined not more than $100 or imprisoned for not more than 30 days or both.
16.846(1)(b)(b) A rule promulgated under par. (a) may provide that a person who violates the rule is subject to one of the following:
16.846(2)(2) A forfeiture under sub. (1) (b) 2. may be sued for and collected in the name of the department before any court having jurisdiction of such action. An action for a forfeiture under sub. (1) (b) 2. may be brought by the department, by the department of justice at the request of the department, or by a district attorney.
16.846(3)(3) All fines imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with s. 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.
Notes of Decisions
Cited in 1
case, 2016–2016 · leading case: State v. Moriarty, 2017 WI App 2, 890 N.W.2d 588.
State v. Moriarty, 2017 WI App 2, 890 N.W.2d 588. “The DOA, pursuant to Wis. Stat. § 16.846 (2), sent the DOJ a written request to prosecute the citation in the name of the DOA.”
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