2003 - 2004 LEGISLATURE
February 2, 2004 - Introduced by Representatives Stone, Van Akkeren, Kestell,
Nischke, Ainsworth, Zepnick, Albers, McCormick, Van Roy, Hines, F. Lasee,
Bies, Gunderson and
Vrakas, cosponsored by Senators Welch, Plale, Breske,
A. Lasee and Kanavas. Referred to Committee on Transportation.
1An Act to amend
85.095 (1) (a); and to create
85.095 (1) (am) and 85.095 (5) of 2
the statutes; relating to: eligibility for the Harbor Assistance Program
3administered by the Department of Transportation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT), in consultation
with the Wisconsin Coastal Management Council, administers a Harbor Assistance
Program. Under the program, an eligible applicant may be awarded a grant to
partially reimburse the applicant for expenses incurred in making certain harbor
improvements. Eligible applicants include counties, cities, villages, towns, and
boards of harbor commissioners.
Under this bill, a person who owns a harbor facility is also eligible for a grant
under the Harbor Assistance Program. However, DOT may only award a grant for
improvement of a privately owned harbor facility if the harbor facility will be held
open for public use for at least ten years after it is improved. If the privately owned
harbor facility is not so held open, the grant recipient must repay the grant funds to
the extent and in the manner directed by DOT.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB791, s. 1
85.095 (1) (a) of the statutes is amended to read:
(a) "Eligible applicant" means a county, municipality, town or agency 3
a board of harbor commissioners organized under s. 30.37, or a person who
4owns a harbor facility
AB791, s. 2
85.095 (1) (am) of the statutes is created to read:
(am) "Harbor facility" has the meaning given in s. 30.01 (3).
AB791, s. 3
85.095 (5) of the statutes is created to read:
85.095 (5) Private harbor facility eligibility.
(a) Notwithstanding subs. (2) 9
and (3), the department may award a grant under this section to fund harbor 10
improvements and other harbor assistance and improvement projects to a privately 11
owned harbor facility only if the harbor facility is to be held open for public use for 12
at least 10 years following completion of the improvement or project for which 13
reimbursement is provided under sub. (2) (a) or for any period specified by the 14
department in any grant agreement, whichever is longer.
(b) If the recipient of a grant described under par. (a) fails to hold the harbor 16
facility open for public use for the period specified in par. (a), the grant recipient shall 17
repay the grant funds to the department to the extent and in the manner directed 18
by the department, and the department shall include this requirement in any grant 19
agreement with the grant recipient.