2001 Wisconsin Act 16

16,1037m Section 1037m. 23.097 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 23.097 (1m).

16,1038 Section 1038. 23.097 (1) (a) of the statutes is created to read:

23.097 (1) (a) In this subsection, a "nonprofit organization" means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

16,1038bb Section 1038bb. 23.097 (1b) of the statutes is created to read:

23.097 (1b) In this section, "department" means the department of forestry.

16,1038bd Section 1038bd. 23.098 (1) (ag) of the statutes is amended to read:

23.098 (1) (ag) "Department property" means an area of real property that is owned by the state, that is under the jurisdiction of the department of natural resources, and that is used for one of the purposes specified in s. 23.09 (2) (d) or that is in a state forest.

16,1038be Section 1038be. 23.098 (2) of the statutes is amended to read:

23.098 (2) The department of natural resources and the department of forestry shall establish jointly administer a program to make grants from the appropriations under s. 20.866 (2) (ta) and (tz) to friends groups and nonprofit conservation organizations for projects for property development activities on department properties. The department may not encumber Not more than $250,000 may be encumbered in each fiscal year for these grants under this section.

16,1038bg Section 1038bg. 23.098 (2m) of the statutes is created to read:

23.098 (2m) In determining which grants will be awarded under this section, the department of forestry and the department of natural resources shall both approve each grant. Any dispute regarding which friends groups will receive a grant under this section shall be resolved by the secretary of administration.

16,1038bi Section 1038bi. 23.098 (3) of the statutes is amended to read:

23.098 (3) The department of natural resources and the department of forestry shall jointly promulgate rules to establish criteria to be used in determining which property development activities are eligible for these grants under this section. The rules promulgated by the department of natural resources under this subsection that are in effect on the effective date of this subsection .... [revisor inserts date], shall remain in effect until rules are jointly promulgated by the 2 departments.

16,1038bk Section 1038bk. 23.098 (4) (a) of the statutes is amended to read:

23.098 (4) (a) The department of natural resources and the department of forestry shall periodically prepare a list of projects on department properties that are eligible for grants under this section and shall include in the list the estimated cost of each project.

16,1038bm Section 1038bm. 23.098 (4) (am) of the statutes is amended to read:

23.098 (4) (am) In awarding grants under this section for eligible projects, the department of natural resources and the department of forestry shall jointly establish a system under which the grants are offered to eligible friends groups before being offered to eligible nonprofit conservation organizations.

16,1038bp Section 1038bp. 23.098 (4) (b) of the statutes is amended to read:

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.

16,1038bq Section 1038bq. 23.10 (1m) of the statutes is created to read:

23.10 (1m) The department shall designate a conservation warden as the chief warden. The chief warden shall have the duty to direct, supervise, and control conservation wardens in the performance of their duties under sub. (1) and s. 29.921.

16,1038br Section 1038br. 23.11 (1) of the statutes is amended to read:

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 southern 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.

16,1038d Section 1038d. 23.113 of the statutes is created to read:

23.113 Designation of chief state forester. The secretary shall designate the administrator of the division of forestry in the department as the chief state forester. The chief state forester shall be a professional forester as recognized by the society of American foresters.

16,1038dc Section 1038dc. 23.113 of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

23.113 Designation of chief state forester. The secretary of forestry shall designate the administrator of the division of forestry in the department of forestry as the chief state forester. The chief state forester shall be a professional forester as recognized by the society of American foresters.

16,1038dg Section 1038dg. 23.118 of the statutes is created to read:

23.118 Signs required. If the department acquires an easement that provides the public with access to a body of water for the purpose of fishing, the department shall place a sign on the property where the easement is located that informs the public that the easement allows the public access to the body of water for the purpose of fishing.

16,1038di Section 1038di. 23.125 of the statutes is created to read:

23.125 Natural resources board member conflicts of interest. (1) If a member of the natural resources board is the holder of a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license.

(2) If a member of the natural resources board receives, or has during the previous 2 years received, a significant portion of his or her income directly or indirectly from a holder of or applicant for a permit or license issued by the department under chs. 280 to 299, that member may not engage in a discussion at a board meeting or participate in a board decision on any matter that substantially relates to the permit or license, except that this restriction does not apply with respect to a permit or license held or applied for by an agency, department, or subdivision of this state.

16,1038dm Section 1038dm. 23.13 of the statutes is amended to read:

23.13 Governor to be informed. The board of commissioners of public lands and, the department of natural resources, and the department of forestry 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.

16,1038g Section 1038g. 23.14 (title) of the statutes is amended to read:

23.14 (title) Approval Procedures required before new lands acquired.

16,1038m Section 1038m. 23.14 of the statutes is renumbered 23.14 (1).

16,1038p Section 1038p. 23.14 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

23.14 (1) Prior to the initial acquisition of any lands by the department after July 1, 1977, of natural resources or by the department of forestry 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.

16,1038q Section 1038q. 23.14 (1m) of the statutes is created to read:

23.14 (1m) Prior to the acquisition of any land, or interest in land, by the department, the department shall notify in writing each city, village, or town, and each county, in which the land or interest in land is located at least 30 days before the department completes the acquisition.

16,1038qc Section 1038qc. 23.14 (1m) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

23.14 (1m) Prior to the acquisition of any land, or interest in land, by the department of natural resources or the department of forestry, the department of natural resources or the department of forestry shall notify in writing each city, village, or town, and each county, in which the land or interest in land is located at least 30 days before the department completes the acquisition.

16,1038r Section 1038r. 23.14 (2) of the statutes is created to read:

23.14 (2) The department may not acquire any rights in the lands that are included in the Milwaukee county grounds unless the department first notifies the joint committee on finance in writing of the proposed acquisition. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed acquisition, the department may acquire the proposed rights. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed acquisition, the department may acquire the rights only upon approval of the committee.

16,1038sam Section 1038sam. 23.14 (2) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

23.14 (2) The department of forestry may not acquire any rights in the lands that are included in the Milwaukee county County grounds unless the department first notifies the joint committee on finance in writing of the proposed acquisition. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed acquisition, the department may acquire the proposed rights. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed acquisition, the department may acquire the rights only upon approval of the committee.

16,1038saq Section 1038saq. 23.145 of the statutes is created to read:

23.145 Acquisition of land in the Chiwaukee Prairie-Carol Beach National Natural Landmark. The department may not promulgate a rule or otherwise establish a policy that imposes a specified maximum purchase price per parcel or per acre for real property that the department acquires that is located within the boundaries of the Chiwaukee Prairie-Carol Beach National Natural Landmark.

16,1038sb Section 1038sb. 23.15 (title) of the statutes is amended to read:

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

16,1038sc Section 1038sc. 23.15 (1) of the statutes is amended to read:

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 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. 16.375 (2).

16,1038sd Section 1038sd. 23.15 (1m) of the statutes is created to read:

23.15 (1m) The secretary of forestry may sell, at public or private sale, real property and structures owned by the state that are under the jurisdiction of the department of forestry if the department of forestry determines that the real property and structures are no longer necessary for the state's use for conservation purposes and the real property is not the subject of a petition under s. 16.375 (2). The department of forestry may not perform any act on land in the state forests under its jurisdiction that is being held for sale if the act will diminish the sale value of the land.

16,1038se Section 1038se. 23.15 (2) of the statutes is amended to read:

23.15 (2) Said The natural resources board and the secretary of forestry 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.

16,1038sf Section 1038sf. 23.15 (3) of the statutes is amended to read:

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 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 forestry, the secretary of forestry 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.

16,1038sg Section 1038sg. 23.15 (4) of the statutes is amended to read:

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 , and wildlife and fish refuges, southern state forests, and state parks and for land in the lower Wisconsin state riverway as defined in s. 30.40 (15).

16,1038sh Section 1038sh. 23.15 (4m) of the statutes is created to read:

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

16,1038si Section 1038si. 23.15 (5) (a) of the statutes is amended to read:

23.15 (5) (a) In this subsection, "surplus land" means land under the jurisdiction of the department which of natural resources or the department of forestry 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.

16,1038sj Section 1038sj. 23.15 (5) (b) of the statutes is amended to read:

23.15 (5) (b) Biennially, beginning on January 1, 1984, the department of natural resources and the department of forestry 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.

16,1038sk Section 1038sk. 23.15 (5) (c) of the statutes is created to read:

23.15 (5) (c) The department of natural resources and the department of forestry shall notify the department of administration of the intention to sell any surplus lands under the jurisdiction of the respective department so that the department of administration may ensure that the sale is in compliance with federal law.

16,1039 Section 1039. 23.175 (1) (b) of the statutes is amended to read:

23.175 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under ch. 231, 233 or , 234, or 237 but not including the legislature or the courts.

16,1039aj Section 1039aj. 23.175 (3m) of the statutes is amended to read:

23.175 (3m) Allocation between appropriations. For purposes of sub. (3) (b), the department shall determine how the moneys being expended are to be allocated from the appropriations under s. 20.866 (2) (ta) and (tz). The moneys expended from the appropriation under s. 20.866 (2) (ta) shall be subject to the agreement under s. 23.0917 (4r). The department may not allocate or expend any moneys from the appropriation under s. 20.866 (2) (ta) before July 1, 2000.

16,1039b Section 1039b. 23.193 of the statutes is created to read:

23.193 Acquisition of certain lands purchased by the board of commissioners of public lands. (1) If the board of commissioners of public lands invests moneys in the purchase of land under s. 24.61 (2) (a) 10., the department, within 5 years after the date of purchase, may offer to exchange land that is currently owned by the state and that is under the jurisdiction of the department for the land purchased under s. 24.61 (2) (a) 10. The value of the land offered for exchange by the department shall be of approximately equal value, as defined in s. 24.09 (1) (bm).

(2) If the department fails to make such an offer under sub. (1) within the required time period, the department shall pay the board of commissioners of public lands an amount that equals the fair market value of the land and the board shall transfer jurisdiction over any land purchased under s. 24.61 (2) (a) 10. to the department.

(3) Section 23.14 does not apply to any land over which the department acquires jurisdiction under this section. Section 23.15 does not apply to any land offered for exchange or exchanged by the department under this section.

16,1039br Section 1039br. 23.197 (1) (a) of the statutes is amended to read:

23.197 (1) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding to the city of Racine for a multipurpose pathway along the Root River. The amount provided by the department may not exceed the amount that equals the matching contribution for the pathway made by the city of Racine or $750,000 $1,125,000, whichever is less.

16,1039bm Section 1039bm. 23.197 (2m) of the statutes is created to read:

23.197 (2m) Kickapoo valley reserve; visitor center. From the appropriation under s. 20.866 (2) (ta), the department shall provide $2,370,000 to the Kickapoo reserve management board for construction of a visitor center and administration building at the Kickapoo valley reserve. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

16,1039bv Section 1039bv. 23.197 (3) (a) of the statutes is amended to read:

23.197 (3) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide the amount necessary for the development of a recreational area on Keyes Lake in Florence County, but the amount may not exceed $125,000 $175,000.

16,1039c Section 1039c. 23.197 (3m) of the statutes is renumbered 23.197 (3m) (a) and amended to read:

23.197 (3m) (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding in the amount of $50,000 to rebuild a the chalet at Rib Mountain State Park. The department shall determine how the moneys being provided under this subsection paragraph will be allocated between the appropriations under s. 20.866 (2) (ta) and (tz). For purposes of s. 23.0915 (1), moneys provided from the appropriation under s. 20.866 (2) (tz) shall be treated as moneys expended for general property development. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.

16,1039d Section 1039d. 23.197 (3m) (b) of the statutes is created to read:

23.197 (3m) (b) In addition to the amounts provided under par. (a), the department shall provide, from the appropriation under s. 20.866 (2) (ta), funding in the amount of $1,000,000 to reconstruct the chalet at Rib Mountain State Park for which funding is provided under par. (a). For purposes of s. 23.0917, moneys provided under this paragraph shall be treated as moneys obligated under either or both of the subprograms under s. 23.0917 (3) and (4).

16,1039fm Section 1039fm. 23.197 (5r) of the statutes is created to read:

23.197 (5r) Hillsboro; camping and recreational area. From the appropriation under s. 20.866 (2) (ta), the department shall provide $60,000 to the city of Hillsboro for the development of a camping and recreational area near the Hillsboro and Northeastern Spur Trail in the city of Hillsboro. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from the subprogram for property development and local assistance. Notwithstanding s. 23.09 (20) (b), the 50% matching requirement under s. 23.09 (20) (b) does not apply to the state aid provided under this subsection.