SB666: Bill Text

LRB-5236/2

MGG:kmg:ks

1995 - 1996 LEGISLATURE

1995 Senate BILL 666

March 27, 1996 - Introduced by Senator Burke, cosponsored by Representative Bock. Referred to Committee on Environment and Energy.

SB666,1,9 An Act to renumber and amend 13.097 (2) (a) and 13.097 (2) (b); to amend 13.097 (title), 13.097 (1) (b), 13.097 (4) (a) 1., 13.097 (4) (a) 2., 13.097 (4) (a) 3., 13.097 (4) (b), 13.097 (4) (c), 13.097 (4) (d), 13.097 (4) (e) 1., 13.097 (4) (e) 2., 13.097 (4) (f) (title), 13.097 (4) (f) 1., 13.097 (4) (f) 2., 13.097 (4) (f) 3., 13.097 (5), 13.097 (6) (a), 13.097 (6) (b), 13.097 (6) (c), 13.097 (6) (d), 13.097 (6) (e) and 13.097 (6) (f); and to create 13.097 (1) (d), 13.097 (2) (a) 1., 13.097 (2) (a) 2., 13.097 (2) (b) 2. and 13.097 (2) (b) 3. of the statutes; relating to: reports prepared by the department of natural resources for certain legislation affecting the beds of navigable streams.

Analysis by the Legislative Reference Bureau

Under the "public trust doctrine" found in the state constitution, the navigable waters in the state are held in trust by the state for the benefit of the public. Under current law, whenever a bill or amendment to convey a portion of a navigable lake bed is introduced in the legislature, the department of natural resources (DNR) must prepare a report on the bill as to whether the conveyance serves a public trust purpose. The report must contain DNR's findings on various matters, including the location, description and purpose of the proposed conveyance, and the effect of the proposed conveyance on the public trust purpose. The report must be prepared within 15 days after the legislation is introduced. The report is printed as an appendix to the bill to which it applies. The legislature may pass the legislation before the report is received by the legislature.

Under this bill, a similar report must be prepared whenever a bill or amendment to authorize a deposit on or other use of the bed of a stream, river or flowage is introduced in the legislature.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB666, s. 1 Section 1. 13.097 (title) of the statutes is amended to read:

SB666,2,3 13.097 (title) Review of legislation providing for conveyances of concerning lake bed areas or stream bed areas.

SB666, s. 2 Section 2. 13.097 (1) (b) of the statutes is amended to read:

SB666,2,6 13.097 (1) (b) "Lake bed area" means all or a portion of the bed of a navigable lake.

SB666, s. 3 Section 3. 13.097 (1) (d) of the statutes is created to read:

SB666,2,9 13.097 (1) (d) "Stream bed area" means all or a portion of the bed of a navigable stream, river or flowage.

SB666, s. 4 Section 4. 13.097 (2) (a) of the statutes is renumbered 13.097 (2) (a) (intro.) and amended to read:

SB666,2,18 13.097 (2) (a) (intro.) When legislation that conveys a lake bed area or that amends a prior conveyance of a lake bed area is introduced or offered in the legislature, the The department shall prepare a report on the any legislation within 15 days of its being introduced or offered. The department may request any information from the grantee under such legislation or from a past grantee of the lake bed area that is reasonably necessary for the department to prepare the report. in the legislature if the legislation does any of the following:

SB666, s. 5 Section 5. 13.097 (2) (a) 1. of the statutes is created to read:

SB666,3,2 13.097 (2) (a) 1. Conveys a lake bed area or amends a prior conveyance of a lake bed area.

SB666, s. 6 Section 6. 13.097 (2) (a) 2. of the statutes is created to read:

SB666,3,5 13.097 (2) (a) 2. Authorizes deposits on or other use of a stream bed area or amends a prior such authorization.

SB666, s. 7 Section 7. 13.097 (2) (b) of the statutes is renumbered 13.097 (2) (b) 1. and amended to read:

SB666,3,12 13.097 (2) (b) 1. If the legislation conveys a lake bed area, the department shall describe the conveyance contained in the legislation. If the legislation amends a prior conveyance of a lake bed area, the department's report shall describe the prior conveyance and how it is amended by this legislation. The report shall include the department's findings under sub. (4) and its conclusions under sub. (6).

SB666, s. 8 Section 8. 13.097 (2) (b) 2. of the statutes is created to read:

SB666,3,18 13.097 (2) (b) 2. If the legislation authorizes deposits on or other use of a stream bed area, the department shall describe the authorization contained in the legislation. If the legislation amends a prior authorization of deposits on or other use of a stream bed area, the department's report shall describe the prior authorization and how it is amended by this legislation.

SB666, s. 9 Section 9. 13.097 (2) (b) 3. of the statutes is created to read:

SB666,3,21 13.097 (2) (b) 3. The department's report under subd. 1. or 2. shall include the department's findings under sub. (4) and its conclusions under sub. (6).

SB666, s. 10 Section 10. 13.097 (4) (a) 1. of the statutes is amended to read:

SB666,4,2 13.097 (4) (a) 1. The name of the lake or stream in which the lake bed area or stream bed area subject to the proposed conveyance legislation is located, the location of the lake bed area in the lake or the stream bed area in the stream and the name of the county and the town, village or city that is adjacent to the lake bed area or to the stream bed area.

SB666, s. 11 Section 11. 13.097 (4) (a) 2. of the statutes is amended to read:

SB666,4,5 13.097 (4) (a) 2. The approximate dimensions and size of the lake bed area or the stream bed area subject to the proposed conveyance legislation.

SB666, s. 12 Section 12. 13.097 (4) (a) 3. of the statutes is amended to read:

SB666,4,10 13.097 (4) (a) 3. The For a lake bed area or for a stream bed area that is the bed of a flowage, the approximate area size of the lake or the flowage in which the lake bed area or the stream bed area subject to the proposed conveyance legislation is located.

SB666, s. 13 Section 13. 13.097 (4) (b) of the statutes is amended to read:

SB666,4,14 13.097 (4) (b) (title) Purposes of the proposed conveyance or authorization. 1. The purpose of the proposed conveyance or authorization, as expressed in the legislation.

SB666,4,16 2. Any additional information on the intended uses of the lake bed area or the stream bed area subject to the proposed conveyance legislation.

SB666,4,19 3. The extent to which the express language of the legislation will permit the intended uses of the lake bed area or stream bed area subject to the proposed conveyance or authorization.

SB666, s. 14 Section 14. 13.097 (4) (c) of the statutes is amended to read:

SB666,5,2 13.097 (4) (c) (title) Use of the lake bed area or stream bed area subject to the proposed conveyance legislation . 1. The size of the area reasonably required for the intended uses of the lake bed area or the stream bed area under the proposed conveyance legislation, as compared to the size of the lake bed area or stream bed area actually conveyed by subject to the legislation, and a description of the anticipated or potential uses of any excess area.

SB666,5,5 2. If the lake bed area or the stream bed area subject to the proposed conveyance legislation exceeds the area required for the intended uses, whether the excess area will remain unused for a substantial period.

SB666, s. 15 Section 15. 13.097 (4) (d) of the statutes is amended to read:

SB666,5,11 13.097 (4) (d) (title) Effect of the proposed conveyance legislation on public trust purpose uses. 1. Opportunities for navigation, fishing, hunting, swimming, recreation, enjoyment of scenic beauty and other public trust purpose uses that will be lost or obtained when the grantee exercises the rights granted by the proposed conveyance legislation.

SB666,5,15 2. The type of uses that will be made of the lake bed area or the stream bed area subject to the proposed conveyance legislation when the grantee exercises the rights granted by the proposed conveyance legislation, and whether those uses are public trust purpose uses.

SB666,5,21 3. Proposed restrictions on public access to the lake bed area or the stream bed subject to the proposed conveyance legislation, upon completion of the project, including physical restrictions such as fences, walls or lack of parking, legal restrictions such as hours of operation or conversion to private property and financial restrictions such as admission fees, licenses, permits or requirements to make purchases.

SB666, s. 16 Section 16. 13.097 (4) (e) 1. of the statutes is amended to read:

SB666,6,2 13.097 (4) (e) 1. The extent to which the proposed conveyance legislation expressly prohibits or permits a subsequent conveyance of all or a part of the lake bed area or of the stream bed area by the grantee under the legislation, including a subsequent conveyance by warranty deed, quitclaim deed or lease, or is silent regarding a subsequent conveyance by the grantee.

SB666, s. 17 Section 17. 13.097 (4) (e) 2. of the statutes is amended to read: