SECTION 415t. 20.505 (6) (k) of the statutes is amended to read:

20.505 (6) (k) Law enforcement programs and youth diversion -- administration. The amounts in the schedule for administering grants for law enforcement assistance and for administering the youth diversion program under s. 16.964 (8). All moneys transferred from the appropriation account under par. (j) s. 20.455 (2) (i) 13. shall be credited to this appropriation account.

****NOTE: This SECTION is drafted to conform to LRBb0206/1. This draft includes the treatment of s. 20.505 (6) (k) by LRBb0206/1 and may therefore replace that treatment when the drafts are reconciled.

SECTION 415v. 20.505 (6) (kj) of the statutes is renumbered 20.410 (3) (kj) and amended to read:

20.410 (3) (kj) Youth diversion program. The amounts in the schedule for youth diversion services under s. 16.964 (8) (a) and (c) 301.265 (1) and (3). All moneys transferred from the appropriation account under par. (j) s. 20.455 (2) (i) 8. shall be credited to this appropriation account.

****NOTE: This SECTION is drafted to conform to LRBb0206/1. This draft includes the treatment of s. 20.505 (6) (kj) in LRBb0206/1 and may therefore replace that treatment when the drafts are reconciled.

SECTION 415x. 20.505 (6) (km) of the statutes is repealed.".

7.
Page 1003, line 10: delete lines 10 to 24.

8.
Page 1004, line 1: delete lines 1 to 14 and substitute:

"SECTION 2221m. 301.265 (title) of the statutes is created to read:

301.265 (title) Diversion of youth from gang activities.".

9.
Page 1065, line 24: after that line insert:

"(9k) YOUTH DIVERSION PROGRAM TRANSFER.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of corrections.

(b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of administration performing duties that are primarily related to the youth division from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, are transferred to the department of corrections.

(c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of corrections that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, is transferred to the department of corrections.

(e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, is transferred to the department of corrections. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

(f) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of corrections. The department of corrections shall carry out any obligations under those contracts unless modified or rescinded by the department of corrections to the extent allowed under the contract.

(g) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., remain in effect until their specified expiration dates or until amended or repealed by the department of corrections. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., remain in effect until their specified expiration dates or until modified or rescinded by the department of corrections.".

10.
Page 1070, line 22: delete lines 22 to 25.

11.
Page 1071, line 1: delete lines 1 to 25.

12.
Page 1072, line 1: delete lines 1 to 5.".
(End)
LRBb0137LRBb0137/3
RAC&RNK:cjs:pg
2005 - 2006 LEGISLATURE

LFB:......Rhodes - Required Sale of BCPL Land Holdings
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 323, line 5: after "expended." insert "Payments may not be made from this appropriation account for principal and interest costs incurred in financing the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 20.866 (2) (ta) until all moneys available under s. 20.370 (7) (ah) have been expended.".

2.
Page 323, line 5: after that line insert:

"SECTION 252c. 20.370 (7) (ah) of the statutes is created to read:

20.370 (7) (ah) Principal repayment and interest -- stewardship program. All moneys received from the sale of public lands that were acquired from the board of commissioners of public lands under s. 24.59 (1), to reimburse s. 20.866 (1) (u) for the payment of principal and interest of costs incurred in financing the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 20.866 (2) (ta).".

3.
Page 367, line 7: after that line insert:

"SECTION 429m. 20.507 (1) (h) of the statutes is amended to read:

20.507 (1) (h) Trust lands and investments -- general program operations. The amounts in the schedule for the general program operations of the board as provided under ss. 24.04, 24.09 (1) (bm) (3), 24.53 and 24.62 (1). All amounts deducted from the gross receipts of the appropriate funds as provided under ss. 24.04, 24.09 (1) (bm) (3), 24.53 and 24.62 (1) shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance at the end of each fiscal year shall be transferred to the trust funds, as defined under s. 24.60 (5). The amount transferred to each trust fund, as defined under s. 24.60 (5), shall bear the same proportion to the total amount transferred to the trust funds that the gross receipts of that trust fund bears to the total gross receipts credited to this appropriation account during that fiscal year.".

4.
Page 367, line 8: delete lines 8 to 11.

5.
Page 383, line 19: after that line insert:

"SECTION 491b. 23.0917 (3) (a) of the statutes is amended to read:

23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a). As soon as practicable, and not later than fiscal year 2009-2010, the department shall obligate moneys under the subprogram for land acquisition to acquire public land from the board of commissioners of public lands under s. 24.59 (1).

SECTION 491e. 23.0917 (3) (c) (intro.) of the statutes is amended to read:

23.0917 (3) (c) (intro.) In obligating moneys under the subprogram for land acquisition, the department shall give first priority to the acquisition of public land from the board of commissioners of public lands under s. 24.59 (1). The department shall give second priority to all of the following purposes and to awarding grants under s. 23.096 for all the following purposes:

SECTION 491f. 23.0917 (4) (a) of the statutes is amended to read:

23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2009-10, the department may obligate moneys under the subprogram for property development and local assistance. As soon as practicable, and not later than fiscal year 2009-10, the department shall obligate moneys under the subprogram for property development and local assistance to acquire public land from the board of commissioners of public lands under s. 24.59 (1) if the moneys obligated under the subprogram for land acquisition are insufficient to acquire that land as required under sub. (3) (a). Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

SECTION 491fg. 23.0917 (4) (cm) 4m. of the statutes is created to read:

23.0917 (4) (cm) 4m. Acquisition of public land under s. 24.59 (1).

SECTION 491fr. 23.0917 (4) (d) 4m. of the statutes is created to read:

23.0917 (4) (d) 4m. If the department is required under par. (a) to obligate moneys from this subprogram to acquire public land from the board of commissioners of public lands under s. 24.59 (1), the department shall give priority to that acquisition.

SECTION 491g. 23.0917 (6c) of the statutes is created to read:

23.0917 (6c) USE OF PROCEEDS OF CERTAIN SALES. If the department acquires public land from the board of commissioners of public land under s. 24.59 (1) and subsequently sells that land, it shall credit the proceeds of that sale to the appropriation under s. 20.370 (7) (ah).

SECTION 491m. 23.0917 (8) (d) of the statutes is amended to read:

23.0917 (8) (d) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66% of the land in the county is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in s. 66.0131 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions. This paragraph does not apply to land acquired by the department under s. 24.59 (1).

SECTION 491s. 23.14 of the statutes is amended to read:

23.14 Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department after July 1, 1977, for any new facility or project, 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. This section does not apply to the acquisition of public land from the board of commissioners of public lands under s. 24.59 (1).".

6.
Page 388, line 2: after that line insert:

"SECTION 508c. 24.01 (1) of the statutes is amended to read:

24.01 (1) "Agricultural college lands" embraces all lands granted to the state by an act of congress entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, as well as any land received under s. 24.09 (1) (bm) (3) in exchange for such land.

SECTION 508f. 24.01 (4) of the statutes is amended to read:

24.01 (4) "Marathon County lands" embraces all lands acquired by the state pursuant to chapter 22 of the general laws of 1867, as well as any land received under s. 24.09 (1) (bm) (3) in exchange for such land.

SECTION 508i. 24.01 (5) of the statutes is amended to read:

24.01 (5) "Normal school lands" embraces all parcels of said "swamp lands" which the legislature has declared or otherwise decided, or may hereafter declare or otherwise decide, were not or are not needed for the drainage or reclamation of the same or other lands, as well as any land received under s. 24.09 (1) (bm) (3) in exchange for such land.

SECTION 508L. 24.01 (7) of the statutes is amended to read:

24.01 (7) "School lands" embraces all lands made a part of "the school fund" by article X, section 2, of the constitution, as well as any land received under s. 24.09 (1) (bm) (3) in exchange for such land.

SECTION 508p. 24.01 (9) of the statutes is amended to read:

24.01 (9) "Swamp lands" embraces all lands which have been or may be transferred to the state pursuant to an act of congress entitled "An act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits," approved September 28, 1850, or pursuant to an act of congress entitled "An act for the relief of purchasers and locators of swamp and overflowed lands," approved March 2, 1855, as well as any land received under s. 24.09 (1) (bm) (3) in exchange for such land.

SECTION 508q. 24.01 (10) of the statutes is amended to read:

24.01 (10) "University lands" embraces all lands the proceeds of which are denominated "the university fund" by article X, section 6, of the constitution, as well as any land received under s. 24.09 (1) (bm) (3) in exchange for such land.".

7.
Page 388, line 3: delete the material beginning with that line and ending with page 389, line 6, and substitute:

"SECTION 509s. 24.09 (1) (a) of the statutes is renumbered 24.09 (1) and amended to read:

24.09 (1) Except as provided under par. (c) sub. (4), the board may not sell or exchange any public lands which were not appraised or appraised under s. 24.08. Except as provided under pars. (b), (bm) and (c) subs. (2m), (3), and (4), the board may not sell or exchange any public lands except at public auction.

SECTION 509sg. 24.09 (1) (b) of the statutes is renumbered 24.09 (2m).

SECTION 509sm. 24.09 (1) (bm) of the statutes is renumbered 24.09 (3) and amended to read:

24.09 (3) The board may exchange part or all of any parcel of public lands for any other land of approximately equal value if the board determines that the exchange will contribute to the consolidation or completion of a block of land, enhance conservation of lands or otherwise be in the public interest. Under this paragraph subsection, an exchange is of "approximately equal value" if the difference in value between the more highly valued land and the less highly valued land does not exceed 10% of the value of the more highly valued land. All expenses necessarily incurred in making an exchange under this paragraph subsection shall be deducted from the gross receipts of the fund to which the proceeds of the sale of the exchanged land will be added.

SECTION 509sr. 24.09 (1) (c) of the statutes is renumbered 24.09 (4).

SECTION 509t. 24.09 (1) (d) of the statutes is renumbered 24.09 (5) and amended to read:

24.09 (5) All sales other than sales under par. (b) or (c) sub. (2m) or (4) shall be made at the times and public places the board designates. Prior to any sale, the board shall publish a class 3 notice, under ch. 985, specifying the time and place and describing the lands to be sold in a newspaper published in the county where the lands are situated.

SECTION 509u. 24.09 (2) of the statutes is repealed.

SECTION 509um. 24.09 (6) of the statutes is created to read:

24.09 (6) No parcel of public land that was acquired before the effective date of this subsection .... [revisor inserts date], may be exchanged under this section.

SECTION 509v. 24.10 of the statutes is amended to read:

24.10 Procedure at sale. At the time and place specified in the notice under s. 24.09 (1) (d) (5) the board shall commence the sale of the lands described in the notice and thereafter continue the same from day to day, Sundays excepted, between 9 a.m. and the setting of the sun, until all lands described in the notice have been offered. The order of the sale shall be to begin at the lowest number of the sections, townships and ranges in each county and proceed regularly to the highest, until all then to be sold are offered for sale. Except for lands withheld from sale under s. 24.09 (2), each Each lot or tract of lands to be sold shall be offered separately at the minimum price fixed by law and shall be cried at public auction long enough to enable every one present to bid. If the minimum price or more is bid, the lot or tract shall be struck off to the highest bidder, but if the minimum price is not bid the tract shall be set down unsold.

SECTION 511m. 24.59 of the statutes is created to read:

24.59 Sale of public lands to state under Warren Knowles-Gaylord Nelson stewardship 2000 program. (1) Notwithstanding ss. 24.09, 24.10, 24.15, and 24.16, but subject to subs. (2) and (3), the board shall sell as soon as practicable all public lands under its jurisdiction on the effective date of this subsection .... [revisor inserts date], to the state with the state using moneys obligated by the department as specified under s. 23.0917 (3) and (4) for the acquisition. Notwithstanding s. 24.08 (4), the public lands shall be sold at the appraised value determined under sub. (2).

(2) The board shall have all of the public lands independently appraised under s. 24.08 (2) and (3) after the effective date of this subsection .... [revisor inserts date], but before sale under sub. (1).

(3) Notwithstanding s. 24.11, public lands sold under sub. (1) may not be paid for in installments.

(4) The board may not take any action that would in any way impede or prohibit the sale of public lands under sub. (1).".

8.
Page 389, line 9: delete lines 9 to 11.

9.
Page 389, line 22: delete the material beginning with that line and ending with page 390, line 7.

10.
Page 390, line 16: delete lines 16 to 21.

11.
Page 1087, line 5: after that line insert:

"(5q) SUBMISSION OF PLAN CONCERNING CERTAIN PUBLIC LANDS. No later than February 1, 2006, the department of natural resources shall submit to the governor and to the members of the joint committee on finance a plan that addresses all of the following:

(a) The sales status, as of December 31, 2005, of all public lands subject to purchase by the state under section 24.59 (1) of the statutes, as created by this act.

(b) The department of natural resource's long term acquisition, retention, and disposal plan for land purchased by the state under section 24.59 (1) of the statutes, as created by this act.

Loading...
Loading...