Wisconsin Legislature: Advisory committees

NAMES

Changes of

Real Estate Examining Board cannot prescribe the name to be used on an application for real estate broker's license. Under sec. 296.36, Stats., the Board should routinely accept name changes of licensed brokers, unless detriment to the public, another professional or the profession is shown. Sex and marital status of the new or renewal license applicant do not justify special procedures or requirements as to names. Use of two names discussed. 66-21

NATIONAL SCHOOL LUNCH ACT

Private schools

United States Constitution art. I, and Wisconsin Constitution art. I, sec. 18, do not prohibit the State from disbursing state matching funds under National School Lunch Act (P.L. 79-396) to private as well as public schools. Sections 115.34 and 20.255(1)(fe), Stats., must be amended to permit such disbursal to private schools. 69-109

NATIONAL SKI PATROL

Good Samaritan Law

Incidental benefits received by volunteer members of National Ski Patrol in exchange for rendering emergency care to disabled skiers may result in loss of civil liability immunity under Good Samaritan Law. 79-194

Liability when rendering assistance

NATURAL RESOURCES BOARD

Worker's compensation

Worker's compensation coverage exists for members of the Natural Resources Board, who are injured while in transit to or from a board meeting, regardless of whether their transportation to such meeting is furnished by the Department of Natural Resources. (Unpub.). 49-1985

NATURAL RESOURCES, DEPARTMENT OF

See also AGRICULTURE, STATE DEPARTMENT OF

Advisory committees

Department of Natural Resources advisory committees that have at least some members who are not officers or employes of the DNR and that are appointed by the board, the secretary, district directors, bureau directors or property managers are subject to the open meetings law. 78-67

Air contaminant source

Individual property owners incidentally affected by a Department of Natural Resources legislative decision to approve or disapprove plans for an air contaminant source pursuant to sec. 144.39, Stats., are not guaranteed a hearing before the Department by statute or by constitutional provisions of due process. Thus, proceedings under sec. 144.39, Stats., do not constitute a contested case. 64-115

Chemical treatment of waters

A municipality has no jurisdiction over chemical treatment of waters to suppress aquatic nuisances. The Department of Natural Resources is granted statewide supervision over aquatic nuisance control under sec. 144.025(2)(i), Stats. Applications for permits to chemically treat aquatic nuisances under sec. 144.025(2)(i), Stats., may be denied even though statutory and regulatory requirements have been met if such chemical treatment would be counterproductive in achieving the goals set out in sec. 144.025(1), Stats. 63-260

Compatibility

Wis. Const. art. XIII, sec. 3, does not bar a "congressional home secretary" from serving as a member of the Natural Resources Board. 64-1

The Department of Natural Resources may seek to obtain copyrights for publications entitled "Walleye Waters," "Trout Waters," "Musky Waters" and "Canoe Waters" which were written and compiled by state employes on state time provided the copyrights have not been invalidated due to the omission of the copyright notice. 76-162

Criminal law

In order to obtain a conviction for violating sec. 30.195, Stats., the state must show that the defendant changed the course of a navigable stream and that no permit to change the stream's course had been granted to the defendant. The State need not show that the changed portion of the stream was navigable, nor a specific intent to change the stream's course. 67-265

Drainage ditches

1. Chapter 30, Stats., applies to navigable ditches that were originally navigable streams. If a navigable ditch was originally nonnavigable or had no previous stream history, Department of Natural Resources' jurisdiction depends upon the facts of each situation. 2. Whether navigable artificial drainage ditches need be connected to a navigable natural lake or stream in order that the Department of Natural Resources have jurisdictional depends upon the facts of each case. 3. The provisions of sec. 31.33, Stats., apply to nonnavigable artificial waterways insofar as is necessary to protect navigable waters and owners of flooded lands. 4. A permit pursuant to sec. 30.20(2)(c), Stats., is necessary for the removal of material from navigable natural or artificial bodies of water. A distinction need not be made between drainage ditches located in active versus inactive drainage districts. 63-493

Environmental impact statements, fees

Discussion of fees to be charged by DNR for preparation of environmental impact statement. (Unpub.). 69-1978

Fees

Fees collected by the Department of Natural Resources for admissions to state parks and forests are subject to sales taxation under sec. 77.52(2)(a)2., Stats. 66-205

Fees for mining permit application evaluation

All staff work necessary to determine whether an applicant meets the requirements of the Metallic Mining Reclamation Act must be included in the cost of evaluating the permit, including any evaluation of compliance with other environmental requirements. The withdrawal of a mining permit application by the applicant prior to a final decision on the application does not relieve the applicant from the obligation to pay the cost of evaluation. 76-150

Firewood

The Department of Natural Resources has authority to assess a fee for firewood produced on state lands. Legislative committee recommendation that funding and positions be withdrawn from a proposed state wood energy program does not affect DNR authority to sell firewood. Although DNR has authority to sell firewood, there is no requirement that it do so. While DNR is not required to charge for firewood permits, it may do so. DNR does not have a fee schedule for the sale of firewood. 71-23

Fish and game

Department of Natural Resources has the power under secs. 29.50 and 30.77, Stats., to withhold stocking with fish from state hatcheries from bodies of water where public access is inadequate. Determination of adequacy of access rests on consideration of reasonableness of fee charged for use of public boat launching facilities as well as quantity of parking facilities provided. The Department may, but is not bound to, require that reason able access be afforded at all times to the general public. Larger fees may in some circumstances be imposed on larger boats, and large boat access probably could be regulated. Provision of special facilities for the handicapped is encouraged but not required. 68-233

The Department of Natural Resources is not prohibited from approving federal enforcement of federal steel shot regulations by federal agents on lands under their jurisdiction in the State during the 1980 waterfowl hunting season. 69-201

Forest Crop Law

A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees be paid in advance of recordation. 66-246

Juvenile court

Citation and forfeiture procedures for juveniles as affected by chs. 300 and 359, Laws of 1979, are discussed. 70-67

Lakebed grants

The Department of Natural Resources may enforce the terms of lakebed grants under section 30.03(4)(a), Stats., as long as such enforcement does not conflict with section 30.05. 78-107

Land acquisition files

Public's right under sec. 19.21, Stats., to inspect land acquisition files discussed. 63-573

Mining beneath beds of navigable lakes

Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976

The Department of Natural Resources may enforce the terms of lakebed grants under section 30.03(4)(a), Stats., as long as such enforcement does not conflict with section 30.05. 78-107

Wisconsin Pollution Discharge Elimination System permit. 68-52

Navigable waters

1. Chapter 30, Stats., applies to navigable ditches that were originally navigable streams. If a navigable ditch was originally nonnavigable or had no previous stream history, Department of Natural Resources' jurisdiction depends upon the facts of each situation. 2. Whether navigable artificial drainage ditches need be connected to a navigable natural lake or stream in order that the Department of Natural Resources have jurisdiction depends upon the facts of each case. 3. The provisions of sec. 31.33, Stats., apply to nonnavigable artificial waterways insofar as is necessary to protect navigable waters and owners of flooded lands. 4. A permit pursuant to sec. 30.20(2)(c), Stats., is necessary for the removal of material from navigable natural or artificial bodies of water. A distinction need not be made between drainage ditches located in active versus inactive drainage districts. 63-493

Open meeting