SB476: Bill Text

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.

SB476, s. 29 Section 29. 24.54 (1) of the statutes is amended to read:

SB476,10,17 24.54 (1) The department of administration shall provide an office for the board. The board shall conveniently arrange and preserve in that office all records, books, reports, surveys, maps, field notes, plats, and other papers pertaining to the public lands owned by the state, including all public lands that have been or shall be received from the United States or any officer of the United States. The board may perfect the records, books, reports, surveys, maps, field notes, plats , and other papers when incomplete, and cause copies of those documents to be made when from injury, loss, use, or accident it shall become necessary. Any copy, when certified to be a correct copy by the executive secretary of the board under the executive secretary's signature and the official seal of the office to have been made for any of the causes specified in this subsection, shall have the same force and effect in all courts and places as the original. Any copy from the original records, books, reports, surveys, maps, field notes, plats, or other papers, or from any record or paper required by law to be kept in the office, or any copy from a certified copy of one of those documents, when certified by the executive secretary of the board or any member of the board of commissioners of public lands under the official seal of the board, shall be received in evidence with the same effect as the original.

Note: In Sections 17 to 29, references to the "department of natural resources", "board of commissioners of public lands", or both, which appear in the statutes affected in those Sections, are deleted and are replaced with the terms "department" and "board", respectively. This change is made because department of natural resources is referred to as the "department" in the definition of the DNR at the beginning of ch. 23, and the term "board of commissioners of public lands" is also referred to as the "board" in the definition of the board of commissioners of public lands in s. 24.01 (2), stats.

SB476, s. 30 Section 30. 25.156 (4) of the statutes is amended to read:

SB476,11,7 25.156 (4) The members of the board shall promulgate rules restricting the executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer, investment directors, and employees from having financial interest, directly or indirectly, in firms or corporations providing services to the department board and governing the receipt of gifts or favors therefrom, and also governing personal investments of all employees including the executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer, and investment directors to prevent conflicts of interest.

SB476, s. 31 Section 31. 25.29 (1) (a) of the statutes is amended to read:

SB476,11,14 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department of natural resources under chs. 26, 27, 28, 29, and 350, subchs. I and VI of ch. 77, and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58, 71.10 (5), and 71.30 (10), including grants received from the federal government or any of its agencies except as otherwise provided by law.

SB476, s. 32 Section 32. 25.29 (2) of the statutes is amended to read:

SB476,11,19 25.29 (2) License fees and other state moneys collected by each field employee of the department of natural resources shall be remitted to the department of natural resources within one month after receipt together with a report of the number of licenses issued and details covering the type and the amount of money remitted.

SB476, s. 33 Section 33. 25.29 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB476,12,2 25.29 (3) Funds accruing to the conservation fund from license fees paid by hunters and from sport and recreation fishing license fees shall not be diverted for any other purpose than the administration of the department of natural resources when it is exercising its responsibilities that are specific to the management of the fish and wildlife resources of this state.

SB476, s. 34 Section 34. 25.29 (3m) (a) of the statutes is amended to read:

SB476,12,7 25.29 (3m) (a) The total amount that the department of natural resources may expend for a given fiscal year from the fish and wildlife account of the conservation fund for administrative costs may not exceed 16% of the expenditures from that account for that fiscal year.

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)