SB476: Bill Text

LRB-1919/1

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2001 - 2002 LEGISLATURE

2001 Senate BILL 476

February 28, 2002 - Introduced by Law Revision Committee. Referred to Committee on Environmental Resources.

SB476,1,11 An Act to repeal 26.01 and 28.005; to renumber 24.01 (3), 24.01 (6), 24.01 (8) and 24.01 (11); to amend 23.093, 23.0965 (1), 23.10 (1), 23.10 (2), 23.10 (4), 23.10 (5), 23.13, 23.15 (title), 23.15 (1), 24.01 (intro.), 24.01 (2), 24.03, 24.251, 24.28, 24.341, 24.39 (1), 24.39 (2), 24.39 (4) (a) (intro.), 24.39 (4) (c), 24.39 (4) (e), 24.39 (4) (f), 24.39 (4) (i), 24.53, 24.54 (1), 25.156 (4), 25.29 (1) (a), 25.29 (2), 25.29 (3), 25.29 (3m) (a), 25.29 (3m) (b), 25.29 (4m), 25.29 (7) (a), 25.29 (7) (b), 26.10, 27.011, 27.016 (6), 29.601 (4), 84.28 (2), 95.21 (1) (f) and 347.06 (4); and to create 23.05 (intro.) of the statutes; relating to: the placement in the statutes of certain definitions concerning natural resources and public lands administration (suggested as remedial legislation by the board of commissioners of public lands).

Analysis by the Legislative Reference Bureau

Under current law, many of the laws relating to natural resources and public lands administration are contained in chapters 23, 24, and 26 through 29 of the statutes. Many of the definitions of terms used in those chapters are currently located in chapter 24 and apply throughout chapters 23 to 29. This bill places those definitions currently located in chapter 24 that apply to terms used throughout chapters 23, 24, and 26 to 29 in chapter 23. Also, the bill provides that these definitions no longer apply to chapter 25, which covers trust funds established by the legislature for the purpose of state finance.

For further information, see the Notes provided by the law revision committee of the joint legislative council.

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

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the board of commissioners of public lands and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

SB476, s. 1 Section 1. 23.05 (intro.) of the statutes is created to read:

SB476,2,3 23.05 Definitions. (intro.) In this chapter, ch. 24, and chs. 26 to 29, unless the context requires otherwise or unless otherwise defined:

Note: Currently, definitions located at the beginning of ch. 24, stats., relate to natural resources and public lands administration generally, but they currently also apply to ch. 25, which concerns trust funds. Because most of the definitions in ch. 24 are not relevant to ch. 25, this draft provides that these definitions no longer apply to ch. 25.

SB476, s. 2 Section 2. 23.093 of the statutes is amended to read:

SB476,2,8 23.093 Carp control research. The department of natural resources may enter into contracts with public or private agencies for the accelerated research and development of a specific toxic material for the control and eradication of carp in the waters of the state.

SB476, s. 3 Section 3. 23.0965 (1) of the statutes is amended to read:

SB476,2,13 23.0965 (1) The department of natural resources shall enter into an agreement with Ducks Unlimited, Inc., to make payments from the appropriation under s. 20.370 (5) (au) to Ducks Unlimited, Inc., to fund its conservation efforts in the United States, Canada, and Mexico.

SB476, s. 4 Section 4. 23.10 (1) of the statutes is amended to read:

SB476,3,6 23.10 (1) The department of natural resources shall secure the enforcement of all laws which it is required to administer and bring, or cause to be brought, actions, and proceedings in the name of the state for that purpose. The persons appointed by said the department to exercise and perform the powers and duties heretofore conferred and imposed upon deputy fish and game wardens, shall be known as conservation wardens and shall be subject to ch. 230.

SB476, s. 5 Section 5. 23.10 (2) of the statutes is amended to read:

SB476,3,16 23.10 (2) Whenever the county board of any county by resolution authorizes the appointment of county conservation wardens, and fixes the number of the same, the chairperson of the county board, district attorney, and county clerk, acting as a board of appointment, shall select the persons for such positions and certify their names to the department of natural resources which shall, if in its judgment such persons are competent and efficient, issue to them commissions as county conservation wardens. Such wardens have, within their county, all the powers and duties of conservation wardens. Their compensation shall be fixed by the county board in the resolution authorizing their appointment and be paid out of the county treasury.

SB476, s. 6 Section 6. 23.10 (4) of the statutes is amended to read:

SB476,3,20 23.10 (4) All conservation wardens shall, before exercising any of their powers, be provided with a commission issued by the department of natural resources under its seal, substantially as follows:

SB476,3,21 State of Wisconsin

SB476,3,22 Department of Natural Resources.

SB476,3,23 To all to whom these presents shall come, greeting:

SB476,4,4 Know ye, that reposing special trust and confidence in the integrity and ability of ...., of the county of ...., we do hereby appoint and constitute .... a conservation warden (or county, or special conservation warden) for the (county of ....), state of Wisconsin, and do authorize and empower .... to execute and fulfill the duties of that office according to law, during good behavior and the faithful performance of the duties of that office.

SB476,4,7 In testimony whereof, the secretary has hereunto affixed the secretary's signature and the official seal of the department, at its office in the city of Madison, Wisconsin, this .... day of ...., .... (year)

SB476,4,8 (Seal) State of Wisconsin

SB476,4,9 Department of Natural Resources.

SB476,4,10 By .... ....

SB476, s. 7 Section 7. 23.10 (5) of the statutes is amended to read:

SB476,4,25 23.10 (5) The department of natural resources shall furnish to each conservation warden at the time of the warden's appointment, a pocket identification folder in form and substance as follows: A a leather-covered folder, size when folded, 3 by 4 inches; on one of the inner sides thereof shall be securely fastened a photograph of such appointee to be furnished by the appointee, and partly on the photograph and partly on the margin of such folder shall be an impression of the seal of the department of natural resources; such appointee shall also affix the appointee's signature below the photograph on such folder; on the other inner side of such folder shall be securely fastened a miniature true copy of the commission issued to such appointee, which shall be signed by the secretary. The appointee shall carry the identification folder on his or her person at all times that the appointee is on official duty, and the appointee shall on demand exhibit the same to any person to whom the appointee may represent himself or herself as a conservation warden. The cost of such identification folder shall be charged to the appropriation for the department.

SB476, s. 8 Section 8. 23.13 of the statutes is amended to read:

SB476,5,5 23.13 Governor to be informed. The board of commissioners of public lands and the department of natural resources 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.

SB476, s. 9 Section 9. 23.15 (title) of the statutes is amended to read:

SB476,5,8 23.15 (title) Sale of state-owned lands under the jurisdiction of the department of natural resources.

SB476, s. 10 Section 10. 23.15 (1) of the statutes is amended to read:

SB476,5,14 23.15 (1) The natural resources board 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 determines that said 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).

Note: Sections 2 to 10 of the draft change current references to "department of natural resources" in ch. 23 to "department". This is because the definition of department of natural resources, placed at the beginning of ch. 23 by this draft, refers to the department of natural resources as the "department" in chs. 23 through 29.

SB476, s. 11 Section 11. 24.01 (intro.) of the statutes is amended to read:

SB476,5,17 24.01 Definitions and classification. (intro.) In chs. 23 to 29 this chapter, unless the context requires otherwise or unless otherwise defined:

SB476, s. 12 Section 12. 24.01 (2) of the statutes is amended to read:

SB476,5,20 24.01 (2) "Board" means the board of commissioners of public lands, except that this definition does not apply to ch. 25.

SB476, s. 13 Section 13. 24.01 (3) of the statutes is renumbered 23.05 (1).

SB476, s. 14 Section 14. 24.01 (6) of the statutes is renumbered 23.05 (2).

SB476, s. 15 Section 15. 24.01 (8) of the statutes is renumbered 23.05 (3).

SB476, s. 16 Section 16. 24.01 (11) of the statutes is renumbered 23.05 (4).

Note: Sections 13 to 16 renumber definitions which are currently located in ch. 24, stats., and place them in ch. 23, stats. Under current law, these definitions are placed at the beginning of ch. 24. However, because these definitions apply to chs. 23 and 24 and 26 to 29, they are more appropriately placed at the beginning of ch. 23.

SB476, s. 17 Section 17. 24.03 of the statutes is amended to read:

SB476,6,11 24.03 Escheats. The board of commissioners of public lands shall, whenever it shall have reason to believe that any lands have escheated to the state for defect of heirs, cause due inquiry to be made to ascertain the rights of the state, and the attorney general shall bring any suit or action or take any requisite proceeding necessary to protect and secure the rights of the state. The board may either take possession of, or cause to be sued for and recovered as aforesaid when necessary, any real estate believed to have escheated to the state, or may proceed directly to sell all the right, title, and interest of the state therein, without first obtaining possession thereof and without establishing title thereto by action.

SB476, s. 18 Section 18. 24.251 of the statutes is amended to read:

SB476,6,17 24.251 Patents, issuance; county may record. Whenever it shall appear to the board of commissioners of public lands that all the conditions relating to the issuance of patents have been complied with, the board may issue patents, and the county board of any county may cause such patents to be recorded in the county and pay the cost of such recording.

SB476, s. 19 Section 19. 24.28 of the statutes is amended to read:

SB476,7,4 24.28 Forfeiture. In the case of the nonpayment of interest when due according to the terms of the certificate of sale, or of any taxes , which before said annual interest is paid shall have been returned to the board of commissioners of public lands by the county treasurer as due and unpaid upon such land, or of the principal when required by the board, such certificate shall become void from the time of such failure, and the purchaser, the purchaser's heirs and assigns, shall forfeit all right and interest in the lands described in such certificate; and the board may take immediate possession thereof and may resell the same as hereinafter provided.

SB476, s. 20 Section 20. 24.341 of the statutes is amended to read:

SB476,7,14 24.341 Offset to refund on void sales. Whenever any claim shall be made under s. 24.34, the board of commissioners of public lands shall make an investigation and determination, and offset the value of the use of said land, property removed therefrom, and the damage or injury thereto by such claimant, together with interest thereon, against the amounts actually paid to the state and to any other persons on account of the purchase, possession, use, damage, or injury to such lands by said claimants. The refund or payment to be made under s. 24.34 shall in no case be more than the excess, if any, of the amounts paid out by such claimant with interest over such offset.

SB476, s. 21 Section 21. 24.39 (1) of the statutes is amended to read:

SB476,8,2 24.39 (1) The board of commissioners of public lands may grant leases of parts or parcels of any public lands except state park lands and state forest lands;. The board may grant easements, or leases to enter upon any of said lands, to flow the same, or to prospect for and to dig and remove therefrom ore, minerals, and other deposits, and to sell therefrom such timber as the board shall find necessary to prevent future loss or damage. All sales of standing live timber shall be on a selective cutting basis in line with federal forest practices. Such easements, leases, licenses, and sales shall be made only for a full and fair consideration paid or to be paid to the state, the amount and terms whereof shall be fixed by said board, and such easements, leases, licenses, and sales shall conform to the requirements, so far as applicable, prescribed by ch. 26 for the exercise by the department of natural resources of similar powers affecting state park lands and state forest lands.

SB476, s. 22 Section 22. 24.39 (2) of the statutes is amended to read:

SB476,8,8 24.39 (2) In negotiating for such leases, licenses , or sales, and in exercising the other powers conferred by this section, the board of commissioners of public lands shall, so far as it finds it desirable and practicable, request and make proper use of such services and information as the department of natural resources may be able to furnish.

SB476, s. 23 Section 23. 24.39 (4) (a) (intro.) of the statutes is amended to read:

SB476,8,11 24.39 (4) (a) (intro.) Subject to pars. (c) and (d) the board of commissioners of public lands may:

SB476, s. 24 Section 24. 24.39 (4) (c) of the statutes is amended to read:

SB476,8,16 24.39 (4) (c) No leases under par. (a) may be executed without a prior finding of the department of natural resources under s. 30.11 (5) that any proposed physical change in the area contemplated as the result of the execution of any term lease is consistent with the public interest in the navigable waters involved.

SB476, s. 25 Section 25. 24.39 (4) (e) of the statutes is amended to read:

SB476,8,23 24.39 (4) (e) Such lease shall be for a term not to exceed 50 years, and shall include therein any and all conditions and terms the board of commissioners of public lands believes to be necessary in the public interest. A lessee or the lessee's heirs, successors, or assigns of a lease which that has reached the end of its term shall have first opportunity to contract with the board of commissioners of public lands for a new lease.

SB476, s. 26 Section 26. 24.39 (4) (f) of the statutes is amended to read:

SB476,9,9 24.39 (4) (f) A municipality may sublease rights leased to it under par. (a) 1. or 2. to corporations or private persons. A municipality may also make physical improvements on and above the bottoms to which rights were leased from the board of commissioners of public lands and may sublease these improvements to corporations or private persons. Any subleases under this paragraph shall be consistent with this subsection and with whatever standards or restrictions the department of natural resources, acting under s. 30.11 (5), may have found at the time of execution of the original lease by the board of commissioners of public lands to the municipality.

SB476, s. 27 Section 27. 24.39 (4) (i) of the statutes is amended to read:

SB476,9,13 24.39 (4) (i) All leases entered into by the board of commissioners of public lands under this subsection and s. 30.11 shall be deemed to be subject to this section and any other applicable laws of this state or of the United States.

SB476, s. 28 Section 28. 24.53 of the statutes is amended to read:

SB476,9,23 24.53 Investigate land claims; deduct expenses. The board of commissioners of public lands shall investigate the rights of the state to school lands, normal school lands, university lands, and agricultural college lands. The expenses incurred in making these investigations and taking necessary steps to protect common school lands, normal school lands, university lands, and agricultural college lands and timber on those lands, as well as the expense of necessary surveys, records, appraisals, and sales, upon the approval of the board, shall be deducted from the gross receipts of the fund to which the proceeds from the sale of the land or timber will be added.