AB150: Bill Text

****Note: This is reconciled s. 23.117 (4). This section is affected by LRB-2161 and LRB-1779.

AB150, s. 1283 Section 1283. 23.117 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 27.0138 (3).

****Note: This is reconciled s. 23.117 (4). The Section is affected by LRB-2161 and LRB-1779.

AB150, s. 1284 Section 1284. 23.12 of the statutes is repealed.

AB150, s. 1285 Section 1285. 23.13 of the statutes is amended to read:

AB150,612,2 23.13 Governor to be informed. The board of commissioners of public lands and, the department of natural resources and the department of tourism and parks 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.

AB150, s. 1286 Section 1286. 23.14 of the statutes is amended to read:

AB150,612,15 23.14 Approval required before new lands acquired. Prior to the initial acquisition of any lands by the department after July 1, 1977 by the department of natural resources or by the department of tourism and parks, 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, state natural resource management 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.

AB150, s. 1287 Section 1287. 23.15 (title) of the statutes is amended to read:

AB150,612,18 23.15 (title) Sale of certain state-owned lands under the jurisdiction of the department of natural resources.

AB150, s. 1288 Section 1288. 23.15 (1) of the statutes is amended to read:

AB150,612,25 23.15 (1) The natural resources board secretary may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources when the natural resources board secretary determines that said the lands 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).

AB150, s. 1289 Section 1289. 23.15 (1m) of the statutes is created to read:

AB150,613,7 23.15 (1m) The secretary of tourism and parks may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of tourism and parks in the state park system when the department determines that the lands 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).

AB150, s. 1290 Section 1290. 23.15 (2) of the statutes is amended to read:

AB150,613,17 23.15 (2) Said natural resources board The secretary 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 the proposed sale 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 for the sale on the terms set forth in the application.

AB150, s. 1291 Section 1291. 23.15 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,613,25 23.15 (2) The secretary of natural resources and the secretary of tourism and parks 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 the lands should be sold and an application for their sale. The governor may investigate the proposed sale and approve or disapprove the application. If the governor approves the application for the sale, the governor shall issue a permit for the sale on the terms set forth in the application.

****Note: This is reconciled s. 23.15 (2). This Section is affected by LRB-2161 and LRB-1779.

AB150, s. 1292 Section 1292. 23.15 (2m) (a) (intro.) of the statutes is amended to read:

AB150,614,5 23.15 (2m) (a) (intro.) Notwithstanding sub. (1), the natural resources board secretary shall sell, at fair market value, land in the lower Wisconsin state riverway, as defined in s. 30.40 (15), that is not exempt under s. 30.48 (2) and that is acquired by the department after August 9, 1989, if all of the following conditions are met:

AB150, s. 1293 Section 1293. 23.15 (2m) (b) of the statutes is amended to read:

AB150,614,9 23.15 (2m) (b) Notwithstanding sub. (1), the natural resources board secretary is not required to make a finding that land to be sold under par. (a) is no longer necessary for the state's use for conservation purposes.

AB150, s. 1294 Section 1294. 23.15 (3) of the statutes is amended to read:

AB150,614,16 23.15 (3) Upon completion of such the sale, 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 instruments as that 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.

AB150, s. 1295 Section 1295. 23.15 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,615,3 23.15 (3) Upon completion of the sale for lands under the jurisdiction of the department of natural resources, the secretary 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. Upon completion of the sale of lands under the jurisdiction of the department of tourism and parks, the secretary of tourism and parks 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.

****Note: This is reconciled s. 23.15 (3). This Section has been affected by LRB-2161 and LRB-1779.

AB150, s. 1296 Section 1296. 23.15 (4) of the statutes is amended to read:

AB150,615,11 23.15 (4) Said natural resources board effecting the sale of any such lands and structures shall, upon receiving payment therefor, The secretary shall deposit the funds received from the sale in the conservation fund to be used exclusively for the purpose of purchasing to purchase other areas of land for the creating and establishing of public hunting and fishing grounds, wildlife and fish refuges and, state parks and for land in the lower Wisconsin state riverway as defined in s. 30.40 (15).

AB150, s. 1297 Section 1297. 23.15 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,615,18 23.15 (4) The secretary shall deposit the funds received from the sale in the conservation fund to be used exclusively to purchase other areas of land for public hunting and fishing grounds, wildlife and fish refuges and state natural resource management areas and for land in the lower Wisconsin state riverway as defined in s. 30.40 (15).

****Note: This is reconciled s. 23.15 (4). This Section has been affected by LRB-2161 and LRB-1779.

AB150, s. 1298 Section 1298. 23.15 (4m) of the statutes is created to read:

AB150,616,2 23.15 (4m) The secretary of tourism and parks shall upon receiving payment under sub. (3), deposit the funds in the conservation fund to be used exclusively for the purpose of purchasing other areas of land for the creation and establishment of areas in the state park system.

AB150, s. 1299 Section 1299. 23.15 (5) (b) of the statutes is amended to read:

AB150,616,7 23.15 (5) (b) Biennially, beginning on January 1, 1984, the department of natural resources and the department of tourism and parks shall 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.

AB150, s. 1300 Section 1300. 23.17 (title) of the statutes is renumbered 27.0135 (title).

AB150, s. 1301 Section 1301. 23.17 (1) of the statutes is renumbered 27.0135 (1).

AB150, s. 1302 Section 1302. 23.17 (2) of the statutes is renumbered 27.0135 (2) and amended to read:

AB150,616,16 27.0135 (2) Designation. The ice age national scenic trail, as provided for in 16 USC 1244 (a) (10), plus the lands adjacent to each side of that trail designated by the department of natural resources or by the department of tourism and parks, beginning on the effective date of this subsection.... [revisor inserts date], is designated a state scenic trail, to be known as the "Ice Age Trail".

AB150, s. 1303 Section 1303. 23.17 (3) of the statutes is renumbered 27.0135 (3).

AB150, s. 1304 Section 1304. 23.17 (4) of the statutes is renumbered 27.0135 (4) and amended to read:

AB150,616,23 27.0135 (4) Powers of the department. The department may acquire land for the ice age trail under s. 23.09 (2) (d) 10., and may develop the ice age trail on lands under its ownership or under the ownership of the department of natural resources along the trail route.

AB150, s. 1305 Section 1305. 23.17 (5) of the statutes is renumbered 27.0135 (5).

AB150, s. 1306 Section 1306. 23.17 (5g) of the statutes is renumbered 27.0135 (5g) and amended to read:

AB150,617,5 27.0135 (5g) Permitted uses. The construction on or use of land designated by the department as part of the ice age trail under this section and s. 23.293 27.0136 is a permitted use under any zoning ordinance enacted by a municipality.

AB150, s. 1307 Section 1307. 23.17 (5r) of the statutes is renumbered 27.0135 (5r).

AB150, s. 1308 Section 1308. 23.17 (6) (title) of the statutes is renumbered 27.0135 (6) (title).

AB150, s. 1309 Section 1309. 23.17 (6) (a) of the statutes is renumbered 27.0135 (6) (a) and amended to read:

AB150,617,11 27.0135 (6) (a) This section does not limit the authority of the department to designate other trails under s. 23.115 27.0137.

AB150, s. 1310 Section 1310. 23.17 (6) (b) of the statutes is renumbered 27.0135 (6) (b).

AB150, s. 1311 Section 1311. 23.175 (title) of the statutes is renumbered 27.0134 (title).

AB150, s. 1312 Section 1312. 23.175 (1) of the statutes is renumbered 27.0134 (1).

AB150, s. 1313 Section 1313. 23.175 (1) (b) of the statutes is amended to read:

AB150,617,20 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 but not including the legislature or the courts.

AB150, s. 1314 Section 1314. 23.175 (2) of the statutes is renumbered 27.0134 (2).

AB150, s. 1315 Section 1315. 23.175 (3) (intro.) and (a) of the statutes are consolidated, renumbered 27.0134 (3) and amended to read:

AB150,617,25 27.0134 (3) Powers of the department. The department may: (a) Develop develop and construct state trails on lands under its ownership.

AB150, s. 1316 Section 1316. 23.175 (3) (b) (intro.) of the statutes is renumbered 27.0134 (3m) (b) (intro.) and amended to read:

AB150,618,5 27.0134 (3m) (b) (intro.) Beginning July 1, 1990, the department of natural resources may expend an amount from the appropriation under s. 20.866 (2) (tz) that equals any of the following:

AB150, s. 1317 Section 1317. 23.175 (3) (b) 1. of the statutes is renumbered 27.0134 (3m) (b) 1.

AB150, s. 1318 Section 1318. 23.175 (3) (b) 2. of the statutes is renumbered 27.0134 (3m) (b) 2.

AB150, s. 1319 Section 1319. 23.175 (4) of the statutes is renumbered 27.0134 (4) and amended to read:

AB150,618,16 27.0134 (4) Limits on spending. Except as provided in s. 23.0915 (2), the department of natural resources may not expend more than $1,000,000 under this section for trails and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount, the department of natural resources may not expend more than $500,000 under sub. (3) (3m) (b) in each fiscal year.

AB150, s. 1320 Section 1320. 23.175 (5) of the statutes is renumbered 27.0134 (5).

AB150, s. 1321 Section 1321. 23.175 (5m) of the statutes is renumbered 27.0134 (5m).

AB150, s. 1322 Section 1322. 23.175 (6) of the statutes is renumbered 27.0134 (6) and amended to read:

AB150,618,22 27.0134 (6) Other trails. This section does not limit the authority of the department to designate other trails under s. 23.115 27.0137.

AB150, s. 1323 Section 1323. 23.19 (1) of the statutes is repealed.

AB150, s. 1324 Section 1324. 23.26 (3) of the statutes is amended to read:

AB150,619,6 23.26 (3) Advise the department of natural resources, the department of tourism and parks and other agencies on matters pertaining to the acquisition, development, utilization, maintenance and withdrawal of state natural areas, including determinations as to the extent of multiple use that may be allowed on state natural areas that are a part of a state park, state forest, public hunting ground or similar areas under state ownership or control.

AB150, s. 1325 Section 1325. 23.293 (title) of the statutes is renumbered 27.0136 (title).

AB150, s. 1326 Section 1326. 23.293 (1) (intro.) of the statutes is renumbered 27.0136 (1) (intro.).

AB150, s. 1327 Section 1327. 23.293 (1) (a) of the statutes is renumbered 27.0136 (1) (a).

AB150, s. 1328 Section 1328. 23.293 (1) (b) of the statutes is renumbered 27.0136 (1) (b).

AB150, s. 1329 Section 1329. 23.293 (1) (c) of the statutes is renumbered 27.0136 (1) (c) and amended to read:

AB150,619,15 27.0136 (1) (c) "State ice age trail area" means the trail designated under s. 23.17 (2) 27.0135 (2).

AB150, s. 1330 Section 1330. 23.293 (1) (d) of the statutes is renumbered 27.0136 (1) (d).

AB150, s. 1331 Section 1331. 23.293 (2) of the statutes is renumbered 27.0136 (2).

AB150, s. 1332 Section 1332. 23.293 (3) of the statutes is renumbered 27.0136 (3).

AB150, s. 1333 Section 1333. 23.293 (4) of the statutes is renumbered 27.0136 (4) and amended to read:

AB150,620,6 27.0136 (4) Contributions and gifts; state match. The department may accept contributions and gifts for the ice age trail program. The department may convert gifts of land which it determines are not appropriate for the ice age trail program into cash. The department may convert other noncash contributions and gifts into cash. These moneys shall be deposited in the general fund and credited to the appropriation under s. 20.370 (1) (gg) 20.380 (1) (g). An amount equal to the value of all contributions and gifts shall be released from the appropriation under s. 20.866 (2) (tw) or (tz) or both to be used for land acquisition and development activities under s. 23.17 27.0135. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under s. 20.866 (2) (tz) before July 1, 1990.

AB150, s. 1334 Section 1334. 23.293 (5) of the statutes is renumbered 27.0136 (5) and amended to read:

AB150,620,25 27.0136 (5) Land dedications; valuation; state match. The department shall determine the value of land accepted for dedication under the ice age trail program. If the land dedication involves the transfer of the title in fee simple absolute or other arrangement for the transfer of all interest in the land to the state, the valuation of the land shall be based on the fair market value of the land before the transfer. If the land dedication involves the transfer of a partial interest in land to the state, the valuation of the land shall be based on the extent to which the fair market value of the land is diminished by that transfer and the associated articles of dedication. If the land dedication involves a sale of land to the department at less than the fair market value, the valuation of the land shall be based on the difference between the purchase price and the fair market value. An amount equal to the valuation of the land accepted for dedication under the ice age trail program shall be released from the appropriation under s. 20.866 (2) (tw) or (tz) or both to be used for ice age trail acquisition activities under s. 23.17 27.0135. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under s. 20.866 (2) (tz) before July 1, 1990. This subsection does not apply to dedications of land under the ownership of the state.

AB150, s. 1335 Section 1335. 23.293 (6) to (20) of the statutes are renumbered 27.0136 (6) to (20).

AB150, s. 1336 Section 1336. 23.30 (3) (intro.) of the statutes is amended to read:

AB150,621,8 23.30 (3) Natural Secretary of natural resources board. (intro.) The natural resources board is the body through which all All governmental agencies and nongovernmental agencies may coordinate their policies, plans and activities with regard to Wisconsin outdoor recreation resources through the secretary. To this end it the secretary shall:

AB150, s. 1337 Section 1337. 23.30 (3) (b) of the statutes is amended to read: