AB791: Bill Text

LRB-3828/1

ARG:kmg:pg

2003 - 2004 LEGISLATURE

2003 Assembly BILL 791

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.

AB791,1,3 An Act to amend 85.095 (1) (a); and to create 85.095 (1) (am) and 85.095 (5) of the statutes; relating to: eligibility for the Harbor Assistance Program administered 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 Section 1. 85.095 (1) (a) of the statutes is amended to read:

AB791,2,4 85.095 (1) (a) "Eligible applicant" means a county, municipality, town or agency thereof or, a board of harbor commissioners organized under s. 30.37, or a person who owns a harbor facility.

AB791, s. 2 Section 2. 85.095 (1) (am) of the statutes is created to read:

AB791,2,6 85.095 (1) (am) "Harbor facility" has the meaning given in s. 30.01 (3).

AB791, s. 3 Section 3. 85.095 (5) of the statutes is created to read:

AB791,2,14 85.095 (5) Private harbor facility eligibility. (a) Notwithstanding subs. (2) and (3), the department may award a grant under this section to fund harbor improvements and other harbor assistance and improvement projects to a privately owned harbor facility only if the harbor facility is to be held open for public use for at least 10 years following completion of the improvement or project for which reimbursement is provided under sub. (2) (a) or for any period specified by the department in any grant agreement, whichever is longer.

AB791,2,19 (b) If the recipient of a grant described under par. (a) fails to hold the harbor facility open for public use for the period specified in par. (a), the grant recipient shall repay the grant funds to the department to the extent and in the manner directed by the department, and the department shall include this requirement in any grant agreement with the grant recipient.

AB791,2,20 (End)