SB666: Bill Text

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:

SB666,6,6 13.097 (4) (e) 2. Whether the legislation imposes the same restrictions on grantees of subsequent conveyances as it imposes on the original grantee of the conveyance or authorization.

SB666, s. 18 Section 18. 13.097 (4) (f) (title) of the statutes is amended to read:

SB666,6,9 13.097 (4) (f) (title) Potential of the grantee to manage the use of lake bed area or stream bed area.

SB666, s. 19 Section 19. 13.097 (4) (f) 1. of the statutes is amended to read:

SB666,6,16 13.097 (4) (f) 1. What management controls are proposed by the grantee under the legislation to assure that the lake bed area or the stream bed area is used only for the public trust purposes authorized by the legislature, including the grantee's internal controls and control exercised by the grantee over a lessee, a trespasser or a grantee of a subsequent conveyance of all or part of the lake bed area or a trespasser of the stream bed area.

SB666, s. 20 Section 20. 13.097 (4) (f) 2. of the statutes is amended to read:

SB666,6,21 13.097 (4) (f) 2. Whether the grantee of the conveyance or authorization has managed or is managing the use of any other lake bed areas conveyed to the grantee or stream bed areas in conformance with the any public trust purposes authorized by those conveyances or authorizations.

SB666, s. 21 Section 21. 13.097 (4) (f) 3. of the statutes is amended to read:

SB666,7,2 13.097 (4) (f) 3. If the grantee of an original or subsequent conveyance under the legislation or a lessee is not a governmental unit, the extent to which the use of the lake bed area or the stream bed area subject to the proposed conveyance legislation will be controlled or supervised by a governmental unit, to assure conformity with a public trust purpose.

SB666, s. 22 Section 22. 13.097 (5) of the statutes is amended to read:

SB666,7,9 13.097 (5) Department authority to request information. The department may request a grantee to provide the department with any information from a grantee under the legislation or from a past grantee of a conveyance of the lake bed area or of an authorization for deposits on or other use of the stream bed area that is reasonably necessary for the department to prepare the a report under sub. (4) this section.

SB666, s. 23 Section 23. 13.097 (6) (a) of the statutes is amended to read:

SB666,7,17 13.097 (6) (a) Public trust purpose uses. Whether the opportunities for public trust purpose uses upon completion of the project, including opportunities for navigation, fishing, hunting, swimming, recreation and enjoyment of scenic beauty, substantially outweigh any loss of current opportunities for public trust purpose uses in that the lake bed area or the stream bed area and whether the current opportunities for public trust purpose uses will be enhanced or diminished upon completion of the project.

SB666, s. 24 Section 24. 13.097 (6) (b) of the statutes is amended to read:

SB666,7,22 13.097 (6) (b) Public access. Whether all The degree to which residents of the state will be able, without restriction, to participate in the uses of the lake bed area or the stream bed area subject to the proposed conveyance legislation upon completion of the project.

SB666, s. 25 Section 25. 13.097 (6) (c) of the statutes is amended to read:

SB666,8,2 13.097 (6) (c) (title) Purposes of the proposed conveyance or authorization. Whether the public trust purposes of the conveyance or authorization, as expressed in the legislation, are sufficiently narrow to permit only the specific public trust purpose uses proposed by the grantee.

SB666, s. 26 Section 26. 13.097 (6) (d) of the statutes is amended to read:

SB666,8,8 13.097 (6) (d) Management by the grantee. Whether the grantee's management of the use of any other lake bed areas conveyed to the grantee or stream bed areas conforms with a public trust purpose and whether the grantee's proposals for the use of the lake bed area or stream bed area subject to the proposed conveyance legislation conform with a public trust purpose.

SB666, s. 27 Section 27. 13.097 (6) (e) of the statutes is amended to read:

SB666,8,12 13.097 (6) (e) Whether the lake bed area or the stream bed area and its the proposed public trust purpose uses of the area will be controlled or supervised by a governmental unit.

SB666, s. 28 Section 28. 13.097 (6) (f) of the statutes is amended to read:

SB666,8,17 13.097 (6) (f) Commercial uses. Whether any commercial uses of the lake bed area or the stream bed area subject to the proposed conveyance legislation are minor and incidental to free public trust purpose uses or whether commercial purposes dominate the proposed use of the lake bed area or the stream bed area.

SB666, s. 29 Section 29. Initial applicability.

SB666,8,20 (1) This act first applies to legislation introduced or offered on the effective date of this subsection.

SB666,8,21 (End)