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;
1997 a. 27.
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 s. 20.909 or ss. 170.07 to 170.10. 59 Atty. Gen. 18.
44.47 Annotation
Wisconsin Shipwrecks: Finders Keepers? Whipple & Whipple. Wis. Law. Sept. 2001.
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 employees, 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(1)(j)
(j) Annually pay to the Milwaukee Foundation, Inc., for deposit in the High Point fund, the amount appropriated under
s. 20.215 (1) (e).
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.
44.53 Cross-reference
Cross Reference: See also
AB, Wis. adm. code.
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.
44.565(2)(d)
(d) The board shall set aside at least 20% of the funds for grants under
par. (a) for grants to arts organizations and local arts agencies that have operating budgets of less than $100,000.
44.565(2)(e)
(e) Notwithstanding
par. (b), a grant under
par. (c) or
(d) may match up to 100% of the sum of the arts organization's or local arts agency's income from contributions and earned income for the previous fiscal year, except that a grant under
par. (d) shall be not less than $3,000 and not more than $10,000.
44.565(3)
(3) If the amount in the appropriation under
s. 20.215 (1) (d) in any fiscal year is insufficient to fund all grants under this section, the board shall award grants, including the minimum and maximum grants under
sub. (2) (e), on a prorated basis.
44.565(4)
(4) The board shall promulgate rules to implement and administer this section.
44.565 History
History: 1987 a. 27,
399;
1989 a. 31.
44.57
44.57
Fine arts in state buildings. 44.57(1)
(1)
Applicability. This section does not apply to:
44.57(1)(a)
(a) Any contract for the construction, reconstruction, renovation or remodeling of or addition to any state building if the total construction cost of the project is $250,000 or less.
44.57(1)(b)
(b) Sheds, warehouses, highways or streets, or other buildings or spaces which are not open for entry by the general public in the normal use of the building or space.
44.57(1)(c)
(c) Game farms, fish hatcheries, nurseries and other production facilities operated by the department of natural resources.
44.57(2)
(2) Minimum expenditure required. 44.57(2)(a)(a) Except as provided in
par. (b), at least two-tenths of one percent of the appropriation for the construction, reconstruction, renovation or remodeling of or addition to a state building, including but not limited to amounts appropriated for design and supervision, site preparation, equipment and administrative and personnel costs, shall be utilized to acquire one or more works of art to be incorporated into the structure for which the appropriation was made, or displayed inside or on the grounds of that structure and to fund all administrative costs that the board incurs in acquiring one or more works of art.
44.57(2)(b)
(b) If the state building to which this section applies is located contiguous to other state buildings, the advisory committee acting under
sub. (3) may apply the funds set aside under
par. (a) to the acquisition, including all associated administrative costs, of one or more works of art to be incorporated into one of the other contiguous buildings or to be displayed on the grounds of one or more of the contiguous state buildings.
44.57(3)(a)(a) After selection of the architect for any project subject to this section, the board shall convene an advisory committee for the purpose of reviewing and recommending works of art to be incorporated into the structure.
44.57(3)(b)
(b) The advisory committee shall consist of at least 5 members appointed by the board, including:
44.57(3)(b)2.
2. At least 2 persons who are artists, art educators, art administrators, museum directors or curators, art critics or art collectors.
44.57(3)(b)3.
3. At least 2 persons who are project managers, architects, users of the building or members of the building commission.
44.57(4)(a)(a) After review of the recommendations of the advisory committee convened under
sub. (3), the board shall make the final selection of the artist and the work of art to be incorporated into the project. The board shall ensure that the aggregate of works of art selected under this section represent a wide variety of art forms executed by the broadest feasible diversity of artists, except that the board shall give preference to artists who are residents of this state.
44.57(4)(b)1.1. The board shall enter into one or more contracts to procure the work of art selected for the project. Except as provided in
subd. 2., the contracts shall provide for sole ownership of the works of art acquired under this section in the state of Wisconsin.
44.57(4)(b)2.
2. If the work of art to be acquired is an existing work of art and is no longer subject to the control of the artist originating the work of art, the contract shall provide sole ownership in the state of Wisconsin, subject to the existing obligations, if any, of the owner to the originating artist. If the work of art selected is a work of art which is owned by the artist originating the work of art or if the work of art has not been executed on the date of the contract, the contract shall provide for sole ownership in the state of Wisconsin, subject to the following rights retained by the artist unless limited by written agreement between the board and the artist:
44.57(4)(b)2.b.
b. The right to reproduce the work of art, including all rights secured to the artist under federal copyrights laws.
44.57(5)
(5) Board responsibilities. After acquisition of the work of art under
sub. (4), the board shall:
44.57(5)(a)
(a) Ensure proper execution of the work of art, if the work of art is a new work of art.
