44.47(3)(b)7.
7. Approve permits for qualified persons to engage in field archaeology as provided in
sub. (4) and to otherwise carry out and enforce this section.
44.47(4)(a)(a) The director, acting as an agent of this state, may issue upon such terms and conditions, including restriction to a specific state site on land, as he or she designates, to a qualified natural person approved by the state archaeologist, a permit to engage in field archaeology on state sites and sites owned by political subdivisions. If a state site or the area described in an application is under the jurisdiction of any other state agency or if the field archaeology to be licensed interferes with a project of any other state agency, the director shall first obtain the approval of that state agency. The director may not issue a permit for field archaeology on a site owned by a political subdivision without the written approval of the political subdivision which owns the site. No state agency or political subdivision may withhold that approval without good cause. The director by rule may establish fees for processing applications, for permits or for renewal of permits.
44.47(4)(b)
(b) If a site is located on privately owned land, any person wishing to dig or excavate at such a site is strongly encouraged to secure a permit under this section. The applicant for a permit must submit the written consent of the owner.
44.47(4)(c)
(c) The director may waive
sub. (3) (b) 7. in an emergency in which objects of archaeological interest are found in the course of construction or demolition work, or in other situations in which time is of the essence to save objects or gather data.
44.47(4)(d)
(d) The director, upon the recommendation of the state archaeologist, the state agency administering the state site or the political subdivision which owns the site, may revoke or suspend a permit because of the improper conduct of the permittee, the use of improper or substandard archaeological methods or for other good cause.
44.47(5)
(5) Ownership, custody and use of objects and data. Except as provided in
sub. (5r) and
s. 170.12, the state reserves to itself the title to all objects found and data gathered in field archaeology on state sites. Although a permit may name a custodian other than the historical society, title to the objects and data discovered at state sites is reserved to the historical society as trustee for the state. Physical possession of such objects shall revert to the state if such custodian ceases to exist, or if the director, on the recommendation of the state archaeologist, finds that the custodian is not properly caring for them or keeping them conveniently available for study by students of archaeology.
44.47(5m)(a)(a) There is established, to be administered by the historical society and department of natural resources, a program for submerged cultural resources of this state.
44.47(5m)(b)
(b) The historical society, in consultation with the department of natural resources, shall coordinate the activities of the state relating to the preservation, management and public use of submerged cultural resources. The historical society may enter into agreements with federal and state agencies, political subdivisions and nonprofit organizations regarding the preservation, management and use of submerged cultural resources and the management of bottomland preserves. On or before February 1 of each odd-numbered year, the historical society shall submit a report to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), on submerged cultural resources activities and implementation of this subsection.
44.47(5m)(c)
(c) The historical society and department of natural resources may by rule designate areas of the bed of any stream or lake as bottomland preserves, for the purpose of enhancing preservation, management and public use of any submerged cultural resources within the bottomland preserve. A bottomland preserve may encompass more than one object or archaeological site.
44.47(5m)(d)
(d) Before designation of an area as a bottomland preserve, the historical society shall consider all of the following:
44.47(5m)(d)1.
1. If the preserve will provide preservation, management and public use of submerged cultural resources.
44.47(5m)(d)2.
2. The extent to which an inventory of submerged cultural resources has been conducted for the area within the proposed bottomland preserve.
44.47(5m)(d)3.
3. Whether a plan has been prepared for the management of submerged cultural resources within the proposed bottomland preserve and for the recreational management and development of the proposed bottomland preserve.
44.47(5m)(d)4.
4. The existence of an entity that will assume responsibility for the management of the bottomland preserve.
44.47(5m)(d)5.
5. The availability of existing or planned facilities necessary for recreational uses of the bottomland preserve, including roads, boat landings, marinas, boat and diving charter services, hotels, medical decompression facilities and rescue agencies.
44.47(5m)(e)
(e) The historical society and department of natural resources may promulgate rules relating to the access, use, stewardship, management, protection and recreational development of bottomland preserves, and the preservation, conservation, curation and display of submerged cultural resources and objects removed from underwater archaeological sites.
44.47(5m)(f)1.
1. Make recommendations to the historical society and the department of natural resources regarding the creation and management of bottomland preserves.
44.47(5m)(f)2.
2. As requested by the state archaeologist, review applications for archaeological permits and make recommendations regarding issuance of permits.
44.47(5m)(f)3.
3. As requested by the secretary of natural resources, review applications for archaeological permits for the recovery of abandoned property, including nonhistorical shipwrecks of potential recreational value, and make recommendations regarding issuance of permits.
44.47(5m)(f)4.
4. Advise the historical society and department of natural resources regarding the administration of this program.
44.47(5r)
(5r) Sunken logs. When reviewing an application to raise and remove sunken logs under
s. 170.12, the director may do any of the following:
44.47(5r)(a)
(a) Require that a permit under this section be secured.
44.47(5r)(b)
(b) Waive the requirement for a permit, but impose requirements relating to the gathering of data regarding any activity done pursuant to a permit issued under
s. 170.12, which requirements shall be communicated to the board of commissioners of public lands and incorporated by that board into the
s. 170.12 permit.
44.47(6)
(6) Cooperation of state agencies and political subdivisions. All state agencies and political subdivisions whose activities may be affected under this section shall cooperate with the historical society and the state archaeologist to carry out this section.
44.47(7)(a)1.1. Whoever violates
sub. (2) or any rules promulgated under
sub. (5m) (e) shall forfeit not less than $100 nor more than $500.
44.47(7)(a)2.
2. Whoever intentionally defaces, injures, destroys, displaces or removes any archaeological object or data belonging to the state, or intentionally interferes with evidence or work on any state site or site owned by a political subdivision for which a permit has been issued under this section or intentionally violates any other provision of this section or any rules promulgated under
sub. (5m) (e) shall be fined not less than $1,000 nor more than $5,000.
44.47(7)(a)3.
3. Whoever removes any archaeological object from a state site or site owned by a political subdivision for commercial gain in violation of this section or any rules promulgated under
sub. (5m) (e) shall forfeit an amount not to exceed 2 times the gross value gained or the gross loss caused by the disturbance, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
44.47(7)(b)
(b) The director may refuse to issue or renew or may suspend or revoke the permit of any person who has violated this section or any rules promulgated under
sub. (5m) (e). The director may refuse to name a school or scientific institution as the custodian of objects or data under any permit or agreement, if that school or scientific institution has failed in its duty to care for and preserve objects or data belonging to the state or has failed to make such objects or data conveniently available to the public.
44.47(8)
(8) Review board. Appeals from decisions of the director shall be made to a review board composed of 3 persons: a member of the Wisconsin archaeological society, a member of the Wisconsin archaeological survey, and a member of the board of curators of the historical society. Each board member shall be chosen by the organization which the board member represents and shall serve without compensation. The review board shall submit its recommendations on all appeals to the board of curators of the historical society for final decision.
44.47(9)
(9) Human burial sites. If a permit is required for field archaeology activities at a human burial site under
s. 157.70, this section applies to any objects not related to the burial except that a permit is not required under this section.
44.47 History
History: 1975 c. 365;
1985 a. 316;
1987 a. 395 ss.
12 to
16,
39; Stats. 1987 s. 44.47;
1991 a. 39,
206,
269,
315,
316.
44.47 Annotation
This section applies to vessels and their contents, located on state sites, if the vessels or contents have archaeological interest, except when federal admiralty law takes precedence or when the vessel or object is properly claimed by the owner as specified in 20.909 or 170.07 to 170.10. 59 Atty. Gen. 18.
44.48
44.48
Archaeological resources. 44.48(1)(a)(a) The state historical society shall prepare maps of the archaeological resources of this state.
44.48(1)(b)
(b) Using the best methods practicable with the funds available for that purpose, the state historical society shall prepare:
44.48(1)(b)1.
1. Initial archaeological resources maps based on currently available information.
44.48(1)(b)2.
2. Updated archaeological resources maps based on any additional information that is available, including onsite surveys.
44.48(1)(c)
(c) The director may keep any specific information regarding archaeological resources closed to the public if the director determines that disclosure of the information would be likely to result in disturbance of the archaeological resources.
44.48(2)
(2) State archaeology program. The state historical society shall establish and administer a state archaeology program. The state historical society may designate qualified archaeologists or institutions to undertake on behalf of the historical society specified archaeological surveys, studies, excavations or other activities. The state historical society may designate regions of the state within which the designated archaeologists or institutions may work.
44.48 History
History: 1987 a. 395.
ARTS BOARD
44.51
44.51
Definitions. In this subchapter, unless the context requires otherwise:
44.51(1)
(1) "Board" means the arts board.
44.51(1m)
(1m) "Operational grant" means a grant awarded by the board to support those administrative costs of an organization which are not directly related to the development of an artistic performance or product.
44.51(2)
(2) "State building" means any permanent structure, which is normally occupied by state employes, wholly or partially enclosed and used for performing or facilitating the performance of the functions of a state agency as defined in
s. 20.001 (1), together with all grounds and appurtenant structures and facilities; and
44.51(3)
(3) "Work of art" means any original creation of visual art. "Work of art" does not include:
44.51(3)(a)
(a) Any reproduction of an original work of art unless directly controlled by the artist as part of a limited edition;
44.51(3)(b)
(b) Any decorative, ornamental, functional or landscape element of a state building, unless an artist is specifically commissioned under this subchapter to create unique decorative, ornamental, functional or landscape elements for a particular state building;
44.51(3)(c)
(c) Any "art object" which is mass-produced or of standard design; or
44.51(3)(d)
(d) Any elements peripheral to the work of art itself, including but not limited to site preparation, or any services necessary for activation of the work of art including but not limited to electricity, water, lighting, security, maintenance and publicity.
44.53
44.53
Powers and duties. 44.53(1)(a)
(a) Continually study the artistic and cultural activities within the state.
44.53(1)(c)
(c) Assist communities in creating and developing their own arts programs.
44.53(1)(d)
(d) Encourage and assist freedom of artistic expression.
44.53(1)(e)
(e) Promulgate rules, pursuant to
ch. 227, for the implementation and operations of this subchapter.
44.53(1)(f)
(f) Plan and implement, when funds are available in the appropriations under
s. 20.215 (1) (b) and
(o), a program of contracts with or grants-in-aid to groups or, in appropriate cases, individuals of exceptional talent engaged in or concerned with the arts. No grantee may receive any funds distributed as grants-in-aid under this paragraph unless the grantee provides at least 50% of the estimated total cost of the project, either in the form of moneys or in-kind contributions of equivalent value, to be funded under this paragraph.
44.53(1)(g)
(g) Arrange and schedule the portrait of the governor or any former governor. Costs incurred under this paragraph shall be charged to the appropriation under
s. 20.215 (1) (c) up to a limit of $10,000 per portrait. Costs in excess of $10,000 per portrait may be charged to the appropriation under
s. 20.215 (1) (c) only with the prior approval of the joint committee on finance.
44.53(1)(h)
(h) Annually, award an amount equal to at least 5% of all state and federal funds received by the board in that year for grants to artists and arts organizations to artists who are minority group members and arts groups composed principally of minority group members. In this paragraph, "minority group member" has the meaning specified in
s. 560.036 (1) (f).
44.53(1)(i)
(i) Administer challenge grant programs for the purpose of encouraging the fund-raising efforts of arts organizations.
44.53(2)(a)
(a) Enter into contracts with individuals, organizations, units of government and institutions for services furthering the development of the arts and humanities.
44.53(2)(b)
(b) Accept all gifts and grants and expend them for the purposes intended.
44.53(2)(c)
(c) Award an operational grant to an organization if the sum of all operational grants awarded in the current year does not exceed 50% of the sum of all grants awarded to organizations from the appropriations under
s. 20.215 (1) (b) and
(o) in the current year.
44.55
44.55
Executive secretary. The board shall appoint an executive secretary outside the classified service to serve at its pleasure.
44.55 History
History: 1973 c. 90.
44.56
44.56
Public service requirement. 44.56(1)
(1) The board shall by rule define "public service" for the purpose of this section.
44.56(2)
(2) Every recipient of a grant awarded by the board under the board's general grants program or community arts program from the appropriation under
s. 20.215 (1) (b) shall perform a public service which shall be mutually agreed upon by the board and the grant recipient at the time the grant is awarded.
44.56 History
History: 1981 c. 20.
44.565
44.565
Arts challenge initiative grants. 44.565(1)
(1) In this section, "local arts agency" means an organization that represents local arts organizations.
44.565(2)(a)(a) From the appropriation under
s. 20.215 (1) (d), the board shall award arts challenge initiative grants to arts organizations and local arts agencies.
44.565(2)(b)
(b) The board shall award grants from the appropriation under
s. 20.215 (1) (d) to match up to 25% of an arts organization's or a local arts agency's income from contributions for the fiscal year in which a grant may be awarded which exceeds the amount of income from contributions in the previous fiscal year and income from earned income which exceeds the amount of earned income from the previous fiscal year in that fiscal year subject to the following requirements:
44.565(2)(b)1.
1. An arts organization or a local arts agency must earn income which exceeds the amount of earned income from the previous fiscal year in each fiscal year for which the organization or local arts agency applies for a grant to meet the requirements of this paragraph. The receipt of a grant by an arts organization or local arts agency in a previous fiscal year does not exempt an arts organization or a local arts agency from the requirements under this paragraph.
44.565(2)(c)
(c) The board shall set aside at least 10% of the funds for grants under
par. (a) for grants to minority arts organizations.
