SB476: Bill Text

SB476, s. 35 Section 35. 25.29 (3m) (b) of the statutes is amended to read:

SB476,12,11 25.29 (3m) (b) For purposes of par. (a), administrative costs consist of the costs incurred in the administration of the department of natural resources and its divisions and in providing support services for the department . department.

SB476, s. 36 Section 36. 25.29 (4m) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB476,12,17 25.29 (4m) No moneys that accrue to the state for or in behalf of the department of natural resources under ch. 29 may be expended or paid for the enforcement of the treaty-based, off-reservation rights to fish held by members of federally recognized American Indian tribes or bands domiciled in Wisconsin.

SB476, s. 37 Section 37. 25.29 (7) (a) of the statutes is amended to read:

SB476,12,25 25.29 (7) (a) 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 natural resources 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.

SB476, s. 38 Section 38. 25.29 (7) (b) of the statutes is amended to read:

SB476,13,6 25.29 (7) (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 natural resources and the governor and located within the region specified under par. (a).

Note: Sections 31 to 38 change the reference in ch. 25 from "department" to "department of natural resources". This is because this draft makes the definition of department of natural resources, in ch. 23 under this draft, inapplicable to ch. 25. Therefore, the entire term "department of natural resources" must be used when it is mentioned in ch. 25.

SB476, s. 39 Section 39. 26.01 of the statutes is repealed.

Note: This Section repeals the definition of department of natural resources in ch. 26. This is because in Section 1 of the draft, the definition of "department of natural resources" placed in ch. 23 is also made applicable to ch. 26.

SB476, s. 40 Section 40. 26.10 of the statutes is amended to read:

SB476,13,12 26.10 Reports by the department to the board of commissioners of public lands. The department shall report monthly to the board of commissioners of public lands all trespasses committed, all materials seized, all sales made, and all moneys received under ss. 26.01 26.03 to 26.09.

Note: This Section deletes a reference to s. 26.01, stats., since this section is repealed in this draft.

SB476, s. 41 Section 41. 27.011 of the statutes is amended to read:

SB476,13,17 27.011 Copper Culture Mounds State Park. The department of natural resources shall accept a grant of lands in the city of Oconto, Oconto county County, and shall develop and maintain it as a state park to be known as Copper Culture Mounds State Park.

Note: This Section deletes the reference to "department of natural resources" in ch. 27 and replaces it with "department". The definition of "department of natural resources" at the beginning of ch. 23, in which it is referred to as "the department", is applicable to ch. 27.

SB476, s. 42 Section 42. 27.016 (6) of the statutes is amended to read:

SB476,14,7 27.016 (6) Annually, on or before January 1, the department shall review all applications received under this section in the previous year and shall make the grants that it approves from the appropriation under s. 20.370 (1) (eq). If insufficient funds are available to pay all approved grants, the natural resources board shall prorate the available funds among the applicants in proportion to the approved grant amounts.

Note: In this Section, the term "natural resources" modifies "board". This is necessary because in ch. 27, the term "board" refers to the board of commissioners of public lands, not the board of natural resources.

SB476, s. 43 Section 43. 28.005 of the statutes is repealed.

Note: This Section repeals the definition of "department of natural resources" in ch. 28. This is because, under Section 1, the definition of "department of natural resources" created in ch. 23 applies to ch. 28.

SB476, s. 44 Section 44. 29.601 (4) of the statutes is amended to read:

SB476,14,15 29.601 (4) Use of pesticides. The department of natural resources, after public hearing, may promulgate rules governing the use of any pesticide, which it finds is a serious hazard to wild animals other than those it is intended to control, and the making of reports about the pesticide. In promulgating the rules, the department to the extent relevant shall consider the need for pesticides to protect the well-being of the general public. "Pesticide" has the meaning given in s. 94.67.

Note: This Section deletes the reference to "department of natural resources" and replaces it with "department". The definition of "department of natural resources" at the beginning of ch. 23, in which it is referred to as "the department", is applicable to ch. 29.

SB476, s. 45 Section 45. 84.28 (2) of the statutes is amended to read:

SB476,15,20 84.28 (2) The department may administer a program for the construction, maintenance, and marking of roads, including fire roads, service areas, trailer or vehicle parking stalls or parking areas, and other facilities consistent with highway construction and for the marking of scenic routes in the state parks, state forests, the lower Wisconsin state riverway as defined under s. 30.40 (15), state fish hatcheries, other public used areas under the jurisdiction of the department of natural resources, and other public lands as defined in ch. 24 s. 23.05 (2), for highways or fire roads leading from the most convenient state trunk highways to such lands, and for the relocation and construction of state trunk highways in or near state parks when required in the interests of public safety. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority or with the approval of the department, upon the request for such work filed by the department of natural resources as to the lower Wisconsin state riverway, as defined in s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of the public lands as to other classes of public lands. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest, and public land areas, direct connections to the most convenient state trunk highway may be built or maintained under this section. Roads in unincorporated areas within 5 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh wildlife area may be built or maintained under this section upon request of the town board, if the department of transportation certifies that such roads are or will be used by a substantial number of visitors to such area. Costs incurred under this section shall be the responsibility of the department of natural resources, commissioners of public lands, or town board, as appropriate.

SB476, s. 46 Section 46. 95.21 (1) (f) of the statutes is amended to read:

SB476,15,22 95.21 (1) (f) "Warden" has the meaning designated under s. 24.01 (11) 23.05 (4).

SB476, s. 47 Section 47. 347.06 (4) of the statutes is amended to read:

SB476,16,2 347.06 (4) A duly authorized warden, as defined in s. 24.01 (11) 23.05 (4), may operate a vehicle owned or leased by the department of natural resources upon a highway during hours of darkness without lighted headlamps, tail lamps, or clearance lamps in the performance of the warden's duties under s. 29.924 (2).

Note: Sections 45, 46, and 47 change cross-references to definitions currently existing in ch. 24 to the renumbered definitions in ch. 23.

SB476,16,3 (End)