SB375: Bill Text

LRB-2042/3

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1995 - 1996 LEGISLATURE

1995 Senate BILL 375

October 12, 1995 - Introduced by Senators Farrow, A. Lasee, Zien, Buettner and Darling, cosponsored by Representatives Klusman, Freese, Jensen, Ladwig, Lehman, Olsen, Goetsch, Schneiders, Duff, Hoven, Grothman, Skindrud and Plache. Referred to Committee on Environment and Energy.

SB375,1,4 An Act to repeal 28.06 (3) and 28.11 (3) (f); to renumber and amend 28.06 (1) and 28.06 (2); to amend 28.06 (title), 28.06 (2m), 28.06 (4), 28.06 (5) and 28.21; and to create 28.06 (1) and 28.06 (2r) of the statutes; relating to: the production, sale and distribution of planting stock from state forest nurseries.

Analysis by the Legislative Reference Bureau

Under current law, the department of natural resources (DNR) may distribute the planting stock that it produces in state forest nurseries for various purposes such as forest products and ornamental plantings by school pupils for Arbor Day. Under this bill, DNR may produce only planting stock that is suitable for forestry and for wildlife habitat plantings. The distribution of this planting stock is limited to use on DNR lands, to being sold for growing forest products in county forests and to being donated to schools for celebration of Arbor Day.

Under current law, DNR may exchange planting stock with, or sell planting stock to, counties, other states and the U.S. forest service. This bill eliminates this authority.

Under current law, municipalities are eligible to receive free DNR planting stock. The bill eliminates this eligibility. The bill also eliminates the authority of counties that have county forests to establish transplant nurseries for DNR planting stock.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB375, s. 1 Section 1. 28.06 (title) of the statutes is amended to read:

SB375,2,2 28.06 (title) Forest State forest nurseries.

SB375, s. 2 Section 2. 28.06 (1) of the statutes is renumbered 28.06 (1b) and amended to read:

SB375,2,10 28.06 (1b) (title) Limitation Limitations on production of planting stock. Only The department shall produce in state forest nurseries only planting stock of species and sizes suitable for forest forestry and wood lot planting and for planting by school pupils to celebrate arbor day under s. 118.025 shall be produced in state forest nurseries for wildlife habitat plantings. The department may employ labor at prevailing local wages for nursery operation or reforestation operations.

SB375, s. 3 Section 3. 28.06 (1) of the statutes is created to read:

SB375,2,13 28.06 (1) Definition. In this section, "county forest" has the meaning given in s. 28.11 (2).

SB375, s. 4 Section 4. 28.06 (2) of the statutes is renumbered 28.06 (2b) and amended to read:

SB375,2,23 28.06 (2b) (title) Distribution Limitations on sale and distribution of planting stock. In addition to use of using the planting stock produced under sub. (1b) on state lands under the jurisdiction of the department, the department may distribute sell the planting stock only for growing forest products, for establishing windbreaks or shelterbelts, for control of soil erosion, and for game food or cover, but not for ornamental or landscape planting except by school pupils in county forests and may distribute free of charge the planting stock for celebrating arbor day as provided in s. 118.025.

SB375,3,5 (2g) (title) Stock prices. Prices of the planting stock sold under sub. (2b) shall be approved annually by the department and shall be based on the total cost of administering the state forest nursery program under this section, including the cost costs of processing applications and producing, packaging, selling and distributing nursery the planting stock. To encourage forest planting, free stock may be allotted to any nonprofit organization or any school for the celebration of arbor day under s. 118.025.

SB375, s. 5 Section 5. 28.06 (2m) of the statutes is amended to read:

SB375,3,10 28.06 (2m) Surcharge. A person who purchases a seedling under sub. (2) (2b) shall pay, in addition to the price of the seedling charged under sub. (2) (2b), a surcharge of one cent for each seedling purchased. All surcharges collected under this subsection shall be deposited in the conservation fund.

SB375, s. 6 Section 6. 28.06 (2r) of the statutes is created to read:

SB375,3,19 28.06 (2r) Transitional provisions. On the effective date of this subsection .... [revisor inserts date], the department shall stop transplanting any planting stock that the department produced as authorized under s. 28.06 (1), 1993 stats., and that will not be used, sold or distributed as authorized under sub. (2b). Notwithstanding subs. (1b) and (2b), during the period that begins on the effective date of this subsection .... [revisor inserts date], and that ends on May 31, 1998, the department may grow, but not sow or transplant, and may sell and distribute the planting stock as authorized under s. 28.06 (1), 1993 stats., and s. 28.06 (2), 1993 stats.

SB375, s. 7 Section 7. 28.06 (3) of the statutes is repealed.

SB375, s. 8 Section 8. 28.06 (4) of the statutes is amended to read:

SB375,3,23 28.06 (4) (title) Resale of nursery planting stock. Any person who sells forestry planting stock secured from the department shall forfeit not more than $100.

SB375, s. 9 Section 9. 28.06 (5) of the statutes is amended to read:

SB375,4,5 28.06 (5) Forfeitures. Any person who uses planting stock which he or she knows was produced in state forest nurseries for any purpose, other than those specified in sub. (2) or for ornamental or landscape planting except as specified in sub. (2) for growing forest products in county forests or for celebrating arbor day as provided in s. 118.025, shall forfeit not more than $500.

SB375, s. 10 Section 10. 28.11 (3) (f) of the statutes is repealed.

SB375, s. 11 Section 11. 28.21 of the statutes is amended to read:

SB375,4,13 28.21 Management. Any municipality, by registering its forest with the department, shall be eligible to receive free planting stock from the state forest nurseries and the services of state foresters in preparing and carrying out planting and forest management plans. No trees shall be cut except those marked or designated for cutting by a state forester. Products of the forest may be devoted to public use.

SB375,4,14 (End)