2001 Wisconsin Act 103

Note: Conforms capitalization to current style and inserts preferred term.

103,35 Section 35. 20.916 (4m) of the statutes is renumbered 20.916 (4m) (b) and amended to read:

20.916 (4m) (b) Except as otherwise provided in this subsection paragraph, if any state agency determines that the an employee's duties of an employee require the use of a motor vehicle, and use of a personal motor vehicle is authorized by the agency under similar circumstances, the agency shall authorize the employee to use a personal motorcycle for such the employee's duties and shall reimburse the employee for such the use of the motorcycle at rates determined biennially by the secretary of employment relations under sub. (8), subject to the approval of the joint committee on employment relations. No state agency may authorize an employee to use or reimburse an employee for the use of a personal motorcycle under this subsection paragraph if more than one individual is transported on the motorcycle. All allowances for the use of a motorcycle shall be paid upon approval and certification of the amounts payable by the head of the state agency for which the employee performs duties to the department of administration. In this subsection, "motorcycle" has the meaning given under s. 340.01 (32).

Note: Moves definition to a separate paragraph at the beginning of the subsection, consistent with current style, and inserts specific references. See also the next section of this bill.

103,36 Section 36. 20.916 (4m) (a) of the statutes is created to read:

20.916 (4m) (a) In this subsection, "motorcycle" has the meaning given under s. 340.01 (32).

Note: See the previous section of this bill.

103,37 Section 37. 20.927 (1) of the statutes is renumbered 20.927 (1m).

Note: Accommodates the renumbering of a definition to the beginning of the section, consistent with current style. See the next section of this bill.

103,38 Section 38. 20.927 (4) of the statutes is renumbered 20.927 (1g).

Note: Moves definition to the beginning of the section, consistent with current style.

103,39 Section 39. 24.39 (4) (h) of the statutes is amended to read:

24.39 (4) (h) All rights to submerged lands and rights above submerged lands ceded, granted, or leased to municipalities, or other persons by prior acts of the state [1961] that were effective prior to October 10, 1961, shall not be affected by this subsection or by s. 30.11 (5).

Note: Inserts the effective date of ch. 355, laws of 1961, which created this provision, and language to clarify the applicability of this provision.

103,40 Section 40. 26.01 of the statutes is renumbered 26.01 (intro.) and amended to read:

26.01 Definition Definitions. (intro.) In this chapter, unless:

(1) Unless the context requires otherwise , "department" means the department of natural resources.

Note: Accommodates the renumbering of s. 26.11 (2) by this bill.

103,41 Section 41. 26.11 (1) of the statutes is amended to read:

26.11 (1) The department is vested with power, authority, and jurisdiction in all matters relating to the prevention, detection, and suppression of forest fires outside the limits of incorporated villages and cities in the state except as provided in sub. s. 26.01 (2), and to do all things necessary in the exercise of such power, authority, and jurisdiction.

Note: Deletes unnecessary term. Village means an incorporated village under s. 990.01 (45). Changes cross-reference in accordance with renumbering by this bill.

103,42 Section 42. 26.11 (2) of the statutes is renumbered 26.01 (2) and amended to read:

26.01 (2) The term "forest " Forest fire" as used in this chapter means uncontrolled, wild, or running fires occurring on forest, marsh, field, cutover, or other lands or involving farm, city, or village property and improvements incidental to the uncontrolled, wild, or running fires occurring on forest, marsh, field, cutover, or other lands.

Note: Renumbers definition applicable to all of ch. 26 to the definitions section at the beginning of the chapter consistent with current style.

103,43 Section 43. 27.11 (5) (a) of the statutes is renumbered 27.11 (5).

Note: Eliminates unnecessary paragraph designation. This provision is not subdivided.

103,44 Section 44. 28.11 (6) (b) 4. of the statutes is amended to read:

28.11 (6) (b) 4. Within 90 days after completion of any cutting operation (, including timber trespass), but not more than 2 years after filing the cutting notice, the county shall transmit to the department on forms furnished by the department, a report of merchantable wood products cut. The department may conduct such any investigations on timber cutting operations as that it deems considers to be advisable, including the holding of public hearings thereon on the timber cutting operations, and may assess severance share payments accordingly.

Note: Replaces parentheses and disfavored terminology to improve readability and to conform to current style.

103,45 Section 45. 28.11 (11) (a) of the statutes is renumbered 28.11 (11) (a) 1. and amended to read:

28.11 (11) (a) 1. The county board may by resolution adopted by not less than two-thirds of its membership make application to the department to withdraw lands entered under this section. The county board shall first refer the resolution to the county forestry committee, which shall consult with an authorized representative of the department in formulating its withdrawal proposal. The county board shall not take final action thereon on the application until 90 days after such referral of the application to the forestry committee or until the report thereon of the forestry committee regarding the application has been filed with the board. Such The application shall include the land description and, a statement of the reasons for withdrawal, and any restrictions or other conditions of use attached to the land proposed for withdrawal.

2. Upon the filing of such an application to withdraw lands under subd. 1., the department shall investigate the same and it may conduct a public hearing thereon if it deems it advisable at such time and place as it sees fit. If requested by the county in writing the department shall hold a public hearing the application. During the course of its investigation the department shall make an examination of the character of the land, the volume of timber, improvements, and any other special values and in. In the case of withdrawal for the purpose of sale to any purchaser other than the state or a local unit of government it, the department shall establish a minimum value on the lands to be withdrawn. In making its investigation the department shall give full weight and consideration to the purposes and principles set forth in sub. (1), and it shall also weigh and consider the benefits to the people of the state as a whole, as well as to the county, from the proposed use against the benefits accruing to the people of the state as a whole and to the county under the continued entry of such the lands to be withdrawn. The department may conduct a public hearing on the application, if it considers it advisable, at a time and place that it determines, except that if the county requests a public hearing in writing, the department shall hold a public hearing.

3. If the department finds that the benefits after withdrawal of the lands described in the application under subd. 2. outweigh the benefits under continued entry of the lands and that the lands will be put to a better and higher use, it shall make an order withdrawing such the lands from entry,; otherwise it shall deny the application.

4. If the application is denied, the county board may, by resolution adopted by not less than two-thirds of its membership, appeal to a review committee. The department shall submit the findings of its investigation and of any hearing on a proposed withdrawal to the committee, which shall be composed of one the following members:

a. One member appointed by the county board submitting the application for withdrawal; one.

b. One member who is appointed by the governor, who is from another county which that has land enrolled under the county forest law, this member to be appointed by the governor and to and who shall be chairperson of the review committee; one.

c. One member appointed by the department; one.

d. One member appointed by the University of Wisconsin from the college of agriculture; and a 5th College of Agricultural and Life Sciences.

e. One member to be selected by unanimous vote of the appointed members or by the governor, if they the appointed members fail to achieve unanimity. This , by the governor.

5. The review committee appointed under subd. 4. shall, by majority vote shall, within 60 days after receiving the findings of the department, either approve do one of the following:

a. Approve the application for withdrawal if it finds the proposed use to be of a greater benefit considering all losses and benefits to the people of the state as a whole, as well as to the people of the county, or shall provisionally.

b. Provisionally deny the application for withdrawal giving specific reasons why it finds the proposal deficient and making any suggestions for revising the application to reduce the conflict of the proposed use with the public interest.

6. If the committee approves a withdrawal under subd. 5., it shall notify the county board of its approval stating, as necessary, specific procedures to be followed by the county relating to such the withdrawal. The county board may then by a resolution approved by not less than two-thirds of its membership, withdraw the lands from the county forest law and shall send copies of this resolution to the department and to the county register of deeds who shall record the same resolution.

7. If the committee provisionally denies the proposed withdrawal under subd. 5., it may consider an amended application for withdrawal upon presentation of the application and supporting information, or it may require additional investigation of the amended application by the department before reconsidering the application. Any additional investigation shall include additional public hearings if requested by either the county, the department, or by the committee.

Note: Subdivides long provision, inserts specific references and cross-references, replaces disfavored terminology, reorders text, and modifies punctuation to improve readability and to conform to current style. Corrects and capitalizes college title.

103,46 Section 46. 30.207 (6) (intro.) of the statutes is renumbered 30.207 (6) (a).

Note: This provision is not introductory to the existing paragraph (b) that follows it but is separate and distinct and is renumbered accordingly.

103,47 Section 47. 30.90 of the statutes is renumbered 30.90 (1) (a) and amended to read:

30.90 (1) (a) Neither the county or town may provide, nor shall any subdivider be required or permitted to provide, public access to Lake Lions Lake in the town of Alban, Portage County, if such the public access will in any way interfere with the use of the lake as a recreational area for the physically handicapped as long as such use is continued.

(b) The department may stock said lake Lake Lions with fish as long as such use is continued, any provision in ch. 29 to the contrary notwithstanding.

(2) The town board of the town of Alban shall have jurisdiction over Lake Lions, and may enact and enforce such any ordinances necessary to prevent any deterioration of the said waters of Lake Lions or any nuisances which that would adversely affect the health or safety of the people.

Note: Makes lake name consistent and conforms capitalization to current style. Reorganizes text and subdivides provision to improve readability and to conform to current style, including moving text to a new sub. (1) (intro.) created by the next section of this bill.

103,48 Section 48. 30.90 (1) (intro.) of the statutes is created to read:

30.90 (1) (intro.) As long as Lake Lions in the town of Alban, Portage County, continues to be used as a recreational area for the physically handicapped, all of the following shall apply:

Note: See the previous section of this bill.

103,49 Section 49. 33.44 (1) (f) 1. of the statutes is amended to read:

33.44 (1) (f) 1. Except as provided in subds. 2. and 3., one member who is not a supervisor on the county board, who resides outside the city of Madison and whose name is on a list of at least 2 nominees submitted to the county executive by the Dane county towns association County Towns Association.

Note: Conforms capitalization to current style.

103,50 Section 50. 33.44 (1) (f) 2. of the statutes is amended to read:

33.44 (1) (f) 2. For terms subsequent to the initial term, the person appointed under this paragraph must reside outside the city of Madison and the person's name must be on a list of at least 2 nominees submitted to the county executive by the Dane county towns association County Towns Association. Unless the person has served continuously as the member appointed under this paragraph for all previous terms, including the initial term, the person may not be a supervisor on the county board.

Note: Conforms capitalization to current style.

103,51 Section 51. 36.25 (3) (a) of the statutes is amended to read:

36.25 (3) (a) The board may establish through the college of agricultural and life sciences College of Agricultural and Life Sciences of the University of Wisconsin-Madison demonstration stations for the purpose of aiding in agricultural development. The location of the stations shall be determined by the board which shall consider the opportunities for agricultural development in various regions of the state.

Note: Conforms capitalization to current style.

103,52 Section 52. 36.25 (3) (c) of the statutes is amended to read:

36.25 (3) (c) The board shall, under the supervision of the dean of the college of agricultural and life sciences College of Agricultural and Life Sciences of the University of Wisconsin-Madison, foster research and experimentation in the control of bovine brucellosis (,which is also known as Bang's disease), at various points within this state as it deems that the board considers advisable. To facilitate such work the bovine brucellosis research and experimentation, contracts may be entered into with owners of bovine animals of various classes for the supervised control of the animals and for the purchase of animals under conditions to be specified in such contracts which that shall be retained for control purposes. Payment for such animals under the contracts shall be made out of the appropriation in s. 20.285 (1) (a).

Note: Conforms capitalization to current style. Inserts specific references, replaces parentheses, and replaces disfavored terminology to improve readability and to conform to current style.

103,53 Section 53. 36.25 (4) of the statutes is amended to read:

36.25 (4) Dutch elm disease studies. The board shall, through the college of agricultural and life sciences College of Agricultural and Life Sciences of the University of Wisconsin-Madison, authorize laboratory and field studies, research, and experiments to determine the cause and control of Dutch elm disease. The various departments of the state shall cooperate with the university in this program.

Note: Conforms capitalization to current style.

103,54 Section 54. 36.25 (29m) (intro.) of the statutes is amended to read:

36.25 (29m) Center for Environmental Education environmental education. (intro.) There is established in the college of natural resources College of Natural Resources at the University of Wisconsin-Stevens Point a center for environmental education to assist in the development, dissemination, implementation, and evaluation of environmental education programs for elementary and secondary school teachers and pupils. The center shall do all of the following:

Note: Conforms capitalization to current style.

103,55 Section 55. 36.25 (29m) (h) of the statutes is amended to read:

36.25 (29m) (h) Assist the University of Wisconsin-Stevens Point college of natural resources College of Natural Resources in providing opportunities for teachers to complete advanced training in environmental education through the college's master's degree program.

Note: Conforms capitalization to current style.

103,56 Section 56. 36.25 (30m) of the statutes is amended to read:

36.25 (30m) Agricultural technology and family farm programs. The board may establish agricultural technology and family farm programs in the college of agriculture and life sciences College of Agricultural and Life Sciences at the University of Wisconsin-Madison.

Note: Conforms capitalization to current style and corrects name.

103,57 Section 57. 36.33 (4) of the statutes is amended to read:

36.33 (4) Proceeds. The net proceeds from the sale of agricultural lands and improvements authorized by this section shall be devoted to the purchase of land and construction of improvements contemplated in sub. (1) but of any excess of revenue beyond the amount required for this purpose a sum not to exceed $7,200,000 shall constitute a nonlapsible fund for the purpose of erecting facilities for research and instruction in animal husbandry, agricultural engineering and agriculture agricultural and life sciences at the University of Wisconsin-Madison, and such funds shall become available upon consent and recommendation of the board and authorization by the building commission.

Note: Corrects name.

103,58 Section 58. 39.15 (1) (a) of the statutes is amended to read:

39.15 (1) (a) One-third of the members of the board of trustees of the medical college Medical College of Wisconsin, inc. Inc., shall be nominated by the governor, and, with the advice and consent of the senate, appointed, for staggered 6-year terms expiring on May 1.

Note: Conforms capitalization to current style.

103,59 Section 59. 39.15 (1) (b) of the statutes is amended to read:

39.15 (1) (b) The medical college Medical College of Wisconsin, inc. Inc., shall give first preference in admissions to residents of this state.

Note: Conforms capitalization to current style.

103,60 Section 60. 39.15 (1) (c) of the statutes is amended to read: