Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,203,5 (d) All other state funds appropriated or transferred to the forestry fund.

SB55-SSA1-CA1,203,8 (2) All moneys received from the United States for fire prevention and control, forest planting, and other forestry activities shall be devoted to the purposes for which these moneys are received.

SB55-SSA1-CA1, s. 1113r Section 1113r. 25.29 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,203,14 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29, and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58, 71.10 (5) and 71.30 (10), including grants received from the federal government or any of its agencies except as otherwise provided by law.".

SB55-SSA1-CA1,203,15 751. Page 470, line 23: after that line insert:

SB55-SSA1-CA1,203,16 " Section 1117m. 25.29 (3g) of the statutes is created to read:

SB55-SSA1-CA1,203,20 25.29 (3g) For purposes of sub. (3) and s. 29.037, the joint committee on finance shall determine what constitutes the administration of the department when it is exercising its responsibilities that are specific to the management of the fish and wildlife resources of this state.".

SB55-SSA1-CA1,203,21 752. Page 471, line 10: after that line insert:

SB55-SSA1-CA1,203,22 " Section 1119m. 25.297 of the statutes is created to read:

SB55-SSA1-CA1,204,2 25.297 Wisconsin outdoor wildlife heritage trust fund. There is established a separate nonlapsible trust fund designated as the Wisconsin outdoor wildlife heritage trust fund, to consist of all gifts, grants, or bequests or other contributions made to the Wisconsin outdoor wildlife heritage trust fund.".

SB55-SSA1-CA1,204,3 753. Page 471, line 10: after that line insert:

SB55-SSA1-CA1,204,5 " Section 1119c. 25.29 (6) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,204,9 25.29 (6) All moneys received from the United States for fire prevention and control, forest planting and other forestry activities, for wildlife restoration projects and fish restoration and management projects, and for other purposes shall be devoted to the purposes for which these moneys are received.

SB55-SSA1-CA1, s. 1119g Section 1119g. 25.29 (7) (intro.) of the statutes is renumbered 25.28 (3) (a).

SB55-SSA1-CA1, s. 1119L Section 1119L. 25.29 (7) (a) of the statutes is renumbered 25.28 (3) (am) and amended to read:

SB55-SSA1-CA1,204,19 25.28 (3) (am) Eight percent of the tax levied under s. 70.58 or of the funds provided for in lieu of the levy shall be used to acquire and develop forests of the state for the purposes or capable of providing the benefits described under s. 28.04 (2) within areas approved by the department of forestry and the governor and located within the region composed of Manitowoc, Calumet, Winnebago, Sheboygan, Fond du Lac, Ozaukee, Washington, Dodge, Milwaukee, Waukesha, Jefferson, Racine, Kenosha, Walworth, Rock and Outagamie counties.

SB55-SSA1-CA1, s. 1119p Section 1119p. 25.29 (7) (b) of the statutes is renumbered 25.28 (3) (b) and amended to read:

SB55-SSA1-CA1,205,2 25.28 (3) (b) An additional 4% of the tax levied under s. 70.58 or of the funds provided in lieu of the levy shall be used to purchase forests for the state for the purposes or capable of providing the benefits described under s. 28.04 (2) within areas approved by the department of forestry and the governor and located within the region specified under par. (a) (am).

SB55-SSA1-CA1, s. 1119t Section 1119t. 25.294 of the statutes is created to read:

SB55-SSA1-CA1,205,6 25.294 Forestry land endowment fund. There is established a separate nonlapsible trust fund designated as the forestry land endowment fund, to consist of:

SB55-SSA1-CA1,205,9 (1) All gifts, grants, or bequests made to the forestry land endowment fund. The department of forestry may convert any noncash gift, grant, or bequest into cash for deposit into the fund.

SB55-SSA1-CA1,205,11 (2) All interest and other income generated from these gifts, grants, and bequests.

SB55-SSA1-CA1, s. 1119x Section 1119x. 25.295 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,205,16 25.295 (1) (b) Notwithstanding s. 23.15 (4), all moneys received by the department of natural resources state from utility easements on property located in the state park system, a southern state forest, or a state recreation area under ss. 23.09 (10), 27.01 (2) (g) and 28.02 (5).".

SB55-SSA1-CA1,205,17 754. Page 472, line 14: delete lines 14 to 16.

SB55-SSA1-CA1,205,18 755. Page 472, line 23: delete that line.

SB55-SSA1-CA1,205,19 756. Page 473, line 8: after that line insert:

SB55-SSA1-CA1,205,20 " Section 1128. 25.463 of the statutes is created to read:

SB55-SSA1-CA1,206,2 25.463 Agricultural producer security fund. There is established a separate nonlapsible trust fund designated as the agricultural producer security fund, to consist of all fees, surcharges, assessments, reimbursements, and proceeds of surety bonds received by the department of agriculture, trade and consumer protection under ch. 126.".

SB55-SSA1-CA1,206,3 757. Page 473, line 14: after that line insert:

SB55-SSA1-CA1,206,4 " Section 1132. 25.61 of the statutes is amended to read:

SB55-SSA1-CA1,206,9 25.61 VendorNet fund. There is created a separate nonlapsible trust fund designated as the VendorNet fund consisting of all revenues accruing to the state from fees assessed under s. ss. 16.701 and 16.702 (1) and from gifts, grants, and bequests made for the purposes of s. ss. 16.701 and 16.702 (1) and moneys transferred to the fund from other funds.".

SB55-SSA1-CA1,206,10 758. Page 473, line 15: delete lines 15 to 18.

SB55-SSA1-CA1,206,11 759. Page 474, line 6: delete "beginning".

SB55-SSA1-CA1,206,12 760. Page 474, line 7: delete "each" and substitute "that".

SB55-SSA1-CA1,206,13 761. Page 474, line 8: after that line insert:

SB55-SSA1-CA1,206,14 " Section 1136g. 25.66 (1) (d) of the statutes is created to read:

SB55-SSA1-CA1,206,16 25.66 (1) (d) Beginning in fiscal year 2003-04, all moneys transferred from the permanent endowment fund under s. 13.101 (16) (b).".

SB55-SSA1-CA1,206,17 762. Page 474, line 16: delete "Beginning in" and substitute "In".

SB55-SSA1-CA1,206,18 763. Page 474, line 17: delete "or in any fiscal year thereafter".

SB55-SSA1-CA1,206,19 764. Page 475, line 22: delete "s." and substitute "s. ss. 13.101 (16) (b) and".

SB55-SSA1-CA1,206,20 765. Page 476, line 10: after that line insert:

SB55-SSA1-CA1,206,21 " Section 1142t. 25.75 (2) of the statutes is amended to read:

SB55-SSA1-CA1,207,2 25.75 (2) Creation. There is created a separate nonlapsible trust fund known as the lottery fund, to consist of gross lottery revenues received by the department of revenue and moneys transferred to the lottery fund under ss. 20.435 (7) (kg), 20.455 (2) (g), and 20.505 (8) (am), (g), and (jm).".

SB55-SSA1-CA1,207,3 766. Page 477, line 1: delete "(1)" and substitute "(intro.)".

SB55-SSA1-CA1,207,4 767. Page 477, line 4: delete "(a)" and substitute "(1)".

SB55-SSA1-CA1,207,5 768. Page 477, line 6: delete "(b)" and substitute "(2)".

SB55-SSA1-CA1,207,6 769. Page 477, line 8: delete that line.

SB55-SSA1-CA1,207,7 770. Page 477, line 9: delete lines 9 to 11.

SB55-SSA1-CA1,207,8 771. Page 477, line 11: after that line insert:

SB55-SSA1-CA1,207,9 " Section 1144m. 25.86 of the statutes is created to read:

SB55-SSA1-CA1,207,12 25.86 Cemetery management insurance fund. There is established a separate nonlapsible trust fund designated as the cemetery management insurance fund, to consist of the moneys received under s. 69.22 (7).".

SB55-SSA1-CA1,207,13 772. Page 477, line 12: after that line insert:

SB55-SSA1-CA1,207,14 " Section 1145d. 25.91 of the statutes is created to read:

SB55-SSA1-CA1,207,17 25.91 Cash building projects fund. There is created a separate nonlapsible fund designated as the cash building projects fund, consisting of moneys transferred from the general fund under s. 16.518 (4).".

SB55-SSA1-CA1,207,18 773. Page 477, line 12: after that line insert:

SB55-SSA1-CA1,207,19 " Section 1146g. 26.01 of the statutes is amended to read:

SB55-SSA1-CA1,207,21 26.01 Definition. In this chapter, unless the context requires otherwise "department" means the department of natural resources forestry.

SB55-SSA1-CA1, s. 1146r Section 1146r. 26.06 (1) of the statutes is amended to read:

SB55-SSA1-CA1,208,16 26.06 (1) Foresters, forest supervisors, and state forest rangers and wardens of the department and the cruisers and foresters of the board of commissioners of public lands have the enforcement powers specified in s. 26.97 with respect to, and may seize, without process, any forest products unlawfully severed from public lands of the state, federal lands leased to the state, county forest lands entered under s. 28.11, forest croplands entered under subch. I of ch. 77, or managed forest land designated under subch. VI of ch. 77. Seized products cut from lands under the control of the board of commissioners of public lands shall be held for the commissioners and those cut from forest croplands, managed forest land, or county forest shall be held for the owner, and subject to the payment of severance taxes, yield taxes or severance share thereon to the state. Products cut from state forest lands or federal lands leased to the department shall be appraised and sold. Products appraised at more than $500 shall be sold on sealed bids not less than 10 days after a class 1 notice has been published, under ch. 985, in the county where the material is located. Any sheriff may seize and hold for the owner thereof any forest products unlawfully severed or removed.

SB55-SSA1-CA1, s. 1146t Section 1146t. 26.08 (1) of the statutes is amended to read:

SB55-SSA1-CA1,209,4 26.08 (1) The department of forestry may, from time to time, lease parts or parcels of state park lands or state forest lands , other than lands in southern state forests. The department of natural resources may lease parts or parcels of state park lands or lands in southern state forests. These leases shall contain proper covenants to guard against trespass and waste. The rents arising from these leases shall be paid into the state treasury to the credit of the proper fund. Licenses also may be granted to prospect for ore or mineral upon any of these lands; but proper security shall be taken that the licensees will fully inform the department that grants a license of every discovery of ore or mineral and will restore the surface to its former condition and value if no discovery of valuable deposits is made. The department that enters into a lease or grants a license shall retain a copy of each lease or license and file the original in the office of the board of commissioners of public lands.

SB55-SSA1-CA1, s. 1146u Section 1146u. 26.08 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,209,8 26.08 (2) (a) Except as provided under pars. (b) to (d), the department may lease state park land or state forest land for leases under sub. (1) shall be for terms not exceeding 15 years.".

SB55-SSA1-CA1,209,9 774. Page 477, line 15: after that line insert:

SB55-SSA1-CA1,209,10 " Section 1147m. 26.08 (3) of the statutes is amended to read:

SB55-SSA1-CA1,209,15 26.08 (3) The department of natural resources and the department of forestry shall furnish to the board of commissioners of public lands such maps, plats, surveys, valuations, information, and other services as the board may request respecting any of the public lands, for use by it in granting leases or licenses or in making sales under s. 24.39.

SB55-SSA1-CA1, s. 1147r Section 1147r. 26.11 (6) of the statutes is amended to read:

SB55-SSA1-CA1,210,2 26.11 (6) The department, as the director of the effort, may suppress a forest fire on lands located outside the boundaries of intensive or extensive forest fire protection districts but not within the limits of any city or village if the town responsible for suppressing fires within its boundaries spends more than $3,000, as determined by rates established by the department, on suppressing the forest fire and if the town chairperson makes a request to the department for assistance. Persons participating in the suppression efforts shall act at the direction of the department after the department begins suppression efforts under this subsection. Funds expended by the state under this subsection shall be drawn from the appropriation under s. 20.370 (1) (mu) 20.375 (2) (q).".

SB55-SSA1-CA1,210,3 775. Page 477, line 21: after that line insert:

SB55-SSA1-CA1,210,5 " Section 1148c. 26.11 (7) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,210,10 26.11 (7) (a) Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriation accounts under s. 20.370 (1) (cs) 20.375 (2) (r) and (mz) (z) exceeds $1,000,000 on June 30 of any fiscal year, the amount in excess of $1,000,000 shall lapse from the appropriation account under s. 20.370 (1) (cs) 20.375 (2) (r) to the conservation forestry fund, except as provided in par. (b).

SB55-SSA1-CA1, s. 1148f Section 1148f. 26.11 (7) (b) of the statutes is amended to read:

SB55-SSA1-CA1,210,15 26.11 (7) (b) Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation account under s. 20.370 (1) (cs) 20.375 (2) (r) is insufficient for the amount that must lapse under par. (a), the remainder that is necessary for the lapse shall lapse from the appropriation account under s. 20.370 (1) (mz) 20.375 (2) (z).

SB55-SSA1-CA1, s. 1148j Section 1148j. 26.12 (2) of the statutes is amended to read:

SB55-SSA1-CA1,211,5 26.12 (2) Organization. The department shall organize each forest protection area so as to most effectively prevent, detect and suppress forest fires, and to that end may employ experienced wardens or state forest rangers to have charge of its efforts in each area; may subdivide each area into patrol areas; may establish lookout towers, construct ranger stations, telephone lines, purchase tools for fire fighting as well as other necessary supplies or equipment, and carry on all other activities considered necessary to effectively protect the area from forest fires, including the promulgation of rules for the payment of fire fighters, the preparation of notices and forms for publication and the disposition and use of all fire-fighting equipment or property. All property or equipment purchased by the state shall be owned by the state, but counties or towns may purchase and own equipment for fire suppression, and the equipment shall be used for the improvement of the forest fire-fighting organization.

SB55-SSA1-CA1, s. 1148r Section 1148r. 26.14 (2) of the statutes is amended to read:

SB55-SSA1-CA1,211,12 26.14 (2) All such state forest rangers, town chairpersons, emergency fire wardens, conservation wardens and other duly appointed deputies may in the performance of their official duty go on the lands of any person to fight forest fires, and in so doing may set back fires, dig trenches, cut fire lines or carry on all other customary activities in the fighting of forest fires, without incurring a liability to anyone.".

SB55-SSA1-CA1,211,13 776. Page 478, line 2: after that line insert:

SB55-SSA1-CA1,211,14 " Section 1149b. 26.20 (6) (b) of the statutes is amended to read:

SB55-SSA1-CA1,211,18 26.20 (6) (b) Any state forest ranger, conservation warden, sheriff or other duly appointed authority may, in the performance of official duties, require any train causing fires or suspected of causing fires to stop within a safe distance from the fires to avoid further setting or spread of fire.

SB55-SSA1-CA1, s. 1149c Section 1149c. 26.22 of the statutes is amended to read:

SB55-SSA1-CA1,212,2 26.22 Sales, etc. The department of forestry may sell any timber on the state park or state forest lands which, other than lands in southern state forests, that has been damaged by fire or wind, on such terms and in such manner as it shall deem best for the interest of the state. The department of natural resources may sell any timber on lands in southern state forests that has been damaged by fire or wind, on such terms and in such manner as it shall deem best for the interest of the state.

SB55-SSA1-CA1, s. 1149d Section 1149d. 26.30 (2) of the statutes is amended to read:

SB55-SSA1-CA1,212,16 26.30 (2) Powers. The department is vested with authority and jurisdiction in all matters relating to the prevention, detection and control of forest pests on the forest lands of the state, and to do all things necessary in the exercise of such authority and jurisdiction, except that this shall not be construed to grant any powers or authority to the department for the silvicultural control of forest pests on any land. This section shall apply only to the detection and control of forest pests on forest lands and does not affect the authority of the department of agriculture, trade and consumer protection under chs. 93 and 94. The action of the department under sub. (4) shall be coordinated with the department of agriculture, trade and consumer protection in accordance with s. 20.901. The secretaries of natural resources forestry and agriculture, trade and consumer protection shall execute annually a memorandum of agreement to enable the coordination of pest control work of their departments.

SB55-SSA1-CA1, s. 1149e Section 1149e. 26.30 (4) of the statutes is amended to read:

SB55-SSA1-CA1,212,22 26.30 (4) Surveys, investigations and control. The department shall make surveys and investigations to determine the presence, condition and extent of infestations and it shall also carry on control measures when necessary. For such purposes the department or its wardens or state forest rangers may enter public and private lands at reasonable times without incurring a liability to anyone.

SB55-SSA1-CA1, s. 1149g Section 1149g. 26.37 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,213,5 26.37 (1) (intro.) The department of natural resources forestry and the department of commerce shall jointly develop a comply with any plan to establish required to be developed by the department of natural resources and the department of commerce to establish a lake states wood utilization consortium to provide research, development and demonstration grants to enhance the forest products industry in Wisconsin and other states. The if the plan shall do does all of the following: