LRBa1537/1
ZDW:jld
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE BILL 69
November 7, 2017 - Offered by Representative Jarchow.
SB69-AA1,1,11 At the locations indicated, amend the bill as follows:
SB69-AA1,1,3 21. Page 2, line 13: delete “The motorboat" and substitute “Subject to s. 30.77
3(3) (ab), (am) 2m., and (bm), the motorboat".
SB69-AA1,1,4 42. Page 2, line 23: after that line insert:
SB69-AA1,1,5 5 Section 5m. 30.77 (3) (a) of the statutes is amended to read:
SB69-AA1,1,116 30.77 (3) (a) Any Except as provided in par. (ab), any town, village, or city may,
7in the interest of public health, safety, or welfare, including the public's interest in
8preserving the state's natural resources, enact ordinances applicable on any waters
9of this state within its jurisdiction if the ordinances are not contrary to or
10inconsistent with this chapter and if the ordinances relate to the equipment, use, or
11operation of boats or to any activity regulated by ss. 30.60 to 30.71.
SB69-AA1,6m 12Section 6m. 30.77 (3) (ab) of the statutes is created to read:
SB69-AA1,2,4
130.77 (3) (ab) Any town, village, or city may enact an ordinance to prohibit a
2person operating a motorboat towing a person on water skis, aquaplane, or similar
3device without an observer, as provided in s. 30.69 (1) (a) 1., if all of the following
4apply:
SB69-AA1,2,65 1. The ordinance would apply to an inland lake within the jurisdiction of the
6town, village, or city that has a water safety patrol unit, as defined in s. 30.79.
SB69-AA1,2,97 2. The water safety patrol unit identified in subd. 1. biennially performs on the
8lake not less than 1,500 hours of enforcement or search and rescue activities, as
9determined by the department.
SB69-AA1,7m 10Section 7m. 30.77 (3) (am) 2. of the statutes is amended to read:
SB69-AA1,2,1411 30.77 (3) (am) 2. An Except as provided in subd. 2m., an ordinance enacted
12under subd. 1. or 1m. may not be contrary to or inconsistent with this chapter and
13shall relate to the equipment, use, or operation of boats or to an activity regulated
14by ss. 30.60 to 30.71.
SB69-AA1,8m 15Section 8m. 30.77 (3) (am) 2m. of the statutes is created to read:
SB69-AA1,2,1916 30.77 (3) (am) 2m. An ordinance enacted under subd. 1. or 1m. may prohibit
17a person operating a motorboat towing a person on water skis, aquaplane, or similar
18device without an observer, as provided in s. 30.69 (1) (a) 1., if all of the following
19apply:
SB69-AA1,2,2220 a. The ordinance would apply to an inland lake within the jurisdiction of the
21public inland lake protection and rehabilitation district or town sanitary district that
22has a water safety patrol unit, as defined in s. 30.79.
SB69-AA1,2,2523 b. The water safety patrol unit identified in subd. 2m. a. biennially performs
24on the lake not less than 1,500 hours of enforcement or search and rescue activities,
25as determined by the department.
SB69-AA1,9m
1Section 9m. 30.77 (3) (am) 3. of the statutes is amended to read:
SB69-AA1,3,52 30.77 (3) (am) 3. If a public inland lake protection and rehabilitation district
3enacts an ordinance under this paragraph, the lake district ordinance supersedes all
4conflicting provisions of a town, village, or city ordinance enacted under par. (a) or
5(ab)
that are applicable to the lake.
SB69-AA1,10m 6Section 10m. 30.77 (3) (am) 3m. of the statutes is amended to read:
SB69-AA1,3,107 30.77 (3) (am) 3m. If a town sanitary district enacts an ordinance under this
8paragraph, the town sanitary district ordinance supersedes all conflicting provisions
9of a town, village, or city ordinance enacted under par. (a) or (ab) that are applicable
10to the lake.
SB69-AA1,11m 11Section 11m. 30.77 (3) (am) 3r. a. of the statutes is amended to read:
SB69-AA1,3,1312 30.77 (3) (am) 3r. a. Any conflicting provisions of a town, village, or city
13ordinance enacted under par. (a) or (ab) that are applicable to the lake.
SB69-AA1,12m 14Section 12m. 30.77 (3) (b) of the statutes is amended to read:
SB69-AA1,3,2315 30.77 (3) (b) Any Except as provided in par. (bm), any county may, in the
16interest of public health, safety, or welfare, including the public's interest in
17preserving the state's natural resources, enact an ordinance applicable on any river
18or stream within its jurisdiction if the ordinance is not contrary to or inconsistent
19with this chapter, and if the ordinance relates to the equipment, use, or operation of
20boats or to any activity regulated by ss. 30.60 to 30.71. If a county enacts an
21ordinance under this paragraph, the county ordinance supersedes all provisions of
22a town, village, or city ordinance enacted under par. (a) or (ab) that is inconsistent
23with the county ordinance.
SB69-AA1,13m 24Section 13m. 30.77 (3) (bm) of the statutes is created to read:
SB69-AA1,4,3
130.77 (3) (bm) Any county may enact an ordinance to prohibit a person
2operating a motorboat towing a person on water skis, aquaplane, or similar device
3without an observer, as provided in s. 30.69 (1) (a) 1., if all of the following apply:
SB69-AA1,4,54 1. The ordinance would apply to an inland lake within the jurisdiction of the
5county that has a water safety patrol unit, as defined in s. 30.79.
SB69-AA1,4,86 2. The water safety patrol unit identified in subd. 1. biennially performs on the
7lake not less than 1,500 hours of enforcement or search and rescue activities, as
8determined by the department.
SB69-AA1,14m 9Section 14m. 30.77 (3) (c) of the statutes is amended to read:
SB69-AA1,4,1410 30.77 (3) (c) If any county operates any marina development adjacent to any
11waters of this state, the authority conferred upon any town, village , or city under par.
12(a) and (ab) shall exclusively vest in the county in respect to enactment of local
13ordinances that relate to the development, operation, and use of the marina facility
14and its adjoining waters.
SB69-AA1,15m 15Section 15m. 30.77 (3) (cm) (intro.) of the statutes is amended to read:
SB69-AA1,4,1916 30.77 (3) (cm) (intro.) In enacting ordinances under par. (a), (ab), (am) or , (b),
17or (bm)
for a given body of water, municipalities and public inland lake protection and
18rehabilitation districts shall take into account factors that include all of the
19following:
SB69-AA1,16m 20Section 16m. 30.77 (3) (cr) (intro.) of the statutes is amended to read:
SB69-AA1,4,2221 30.77 (3) (cr) (intro.) The types of ordinances that may be enacted under par.
22(a), (ab), (am) or, (b), or (bm) include the following:
SB69-AA1,17m 23Section 17m. 30.77 (3) (cr) 4. of the statutes is created to read:
SB69-AA1,4,2524 30.77 (3) (cr) 4. Restrictions on the operation of a motorboat towing a person
25on water skis without an observer, as provided in s. 30.69 (1) (a) 1.
SB69-AA1,18m
1Section 18m. 30.77 (3) (dm) 2g. of the statutes is amended to read:
SB69-AA1,5,62 30.77 (3) (dm) 2g. If a local entity or a boating organization objects to an
3ordinance enacted under par. (a) or (ab) that applies to a river or stream, or to an
4ordinance enacted under par. (b) or (bm), on the grounds that all or a portion of the
5ordinance is not necessary for public health, safety, welfare, or the public's interest
6in preserving the state's natural resources, the procedure under subd. 2r. shall apply.
SB69-AA1,19m 7Section 19m. 33.455 (3) (b) of the statutes is amended to read:
SB69-AA1,5,128 33.455 (3) (b) Notwithstanding s. 30.77 (3) (a) and (ab), an ordinance, local
9regulation, or minimum standard as adopted by the county board under this section
10shall apply to the county and to any municipality partially or totally within the
11county and shall supersede any less restrictive and conflicting provision of a
12minimum standard, ordinance, or local regulation adopted by a municipality.”.
SB69-AA1,5,1313 (End)
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