LRBs0671/1
MGG:kmg&mkd:kat
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 1050
March 28, 1996 - Offered by Representative Handrick.
AB1050-ASA1,1,15
1An Act to renumber and amend 30.77 (3) (ar), 33.235 (1) and 33.24;
to amend
223.09 (19), 23.094 (1), 30.275 (4) (d), 30.77 (1) (intro.), 30.77 (3) (am) 2., 30.77
3(3) (am) 4., 30.77 (3) (aw) 1., 30.77 (3) (d), 30.77 (3) (e) 1. (intro.), 30.77 (3) (e)
41. b., 30.77 (3) (e) 1. c., 30.79 (1) (a), 30.79 (1) (b) 2., 30.92 (1) (b), 33.001 (2) (b),
533.01 (8), 33.14 (3), 33.21, 33.22 (4), 33.23 (1), 33.23 (2), 33.235 (title), 33.235
6(2), 33.235 (3), 33.235 (4), 33.25 (1) (a), 33.30 (1), 33.305 (1), 66.119 (1) (a), 66.119
7(2) (a), 66.119 (3) (c), 66.119 (3) (d), 66.119 (3) (e), 66.12 (1) (a), 66.12 (1) (b), 66.12
8(2), 66.12 (3) (b), 115.375 (2) (a) 2., 165.85 (2) (d), 814.63 (2) and 814.63 (4); and
9to create 30.50 (4q), 30.77 (3) (am) 1m., 30.77 (3) (am) 3m., 30.77 (3) (am) 3r.,
1033.01 (9g), 33.235 (1), 33.24 (1), 60.77 (5m), 60.782 and 115.375 (2) (a) 1m. of the
11statutes;
relating to: certain town sanitary districts having the powers of
12public inland lake protection and rehabilitation districts, authority to enact
13ordinances by town sanitary districts and conversion of town sanitary districts
14into public inland lake protection and rehabilitation districts on lakes without
15contiguous public lands or easements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1050-ASA1,2,42
23.09
(19) (a) In this subsection, "local governmental unit" means a city, village,
3town, county
, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake
4protection and rehabilitation district.
AB1050-ASA1,2,86
23.094
(1) Definition. In this section, "political subdivision" means city,
7village, town, county
, lake sanitary district, as defined in s. 30.50 (4q), or public
8inland lake protection and rehabilitation district.
AB1050-ASA1,2,1210
30.275
(4) (d) Provide grants to municipalities
, lake sanitary districts, as
11defined in s. 30.50 (4q), and public inland lake protection and rehabilitation
12districts to undertake any of the activities under pars. (a) to (c).
AB1050-ASA1,2,1714
30.50
(4q) "Lake sanitary district" means a town sanitary district that has
15within its boundaries at least 60% of the footage of shoreline of a public inland lake,
16as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation
17district is not in effect.
AB1050-ASA1, s. 5
18Section
5. 30.77 (1) (intro.) of the statutes is amended to read:
AB1050-ASA1,2,2119
30.77
(1) Local regulation prohibited; exceptions. (intro.) Sections 30.50 to
2030.71 shall be uniform in operation throughout the state. No municipality
or, public
21inland lake protection and rehabilitation district
or town sanitary district may:
AB1050-ASA1, s. 6
22Section
6. 30.77 (3) (am) 1m. of the statutes is created to read:
AB1050-ASA1,3,6
130.77
(3) (am) 1m. A town sanitary district may, in the interest of public health,
2safety or welfare, including the public's interest in preserving the state's natural
3resources, enact and enforce ordinances applicable to a lake if at least 60% of the
4footage of shoreline of the lake is within its boundaries, if no public inland lake
5protection and rehabilitation district has in effect any ordinances enacted under
6subd. 1. for the lake and if any one of the following occurs:
AB1050-ASA1,3,87
a. Each town, village and city having jurisdiction over the lake adopts a
8resolution authorizing the town sanitary district to do so.
AB1050-ASA1,3,129
b. At least 50% of the towns, villages and cities having jurisdiction over the lake
10adopt resolutions authorizing the town sanitary district to enact and enforce
11ordinances, and at least 60% of the footage of shoreline of the lake is within the
12boundaries of these towns, villages and cities.
AB1050-ASA1,3,1715
30.77
(3) (am) 2. An ordinance enacted under subd. 1.
or 1m. may not be
16contrary to or inconsistent with this chapter and shall relate to the equipment, use
17or operation of boats or to an activity regulated by ss. 30.60 to 30.71.
AB1050-ASA1, s. 8
18Section
8. 30.77 (3) (am) 3m. of the statutes is created to read:
AB1050-ASA1,3,2219
30.77
(3) (am) 3m. If a town sanitary district enacts an ordinance under this
20paragraph, the town sanitary district ordinance supersedes all conflicting provisions
21of a town, village or city ordinance enacted under par. (a) that are applicable to the
22lake.
AB1050-ASA1, s. 9
23Section
9. 30.77 (3) (am) 3r. of the statutes is created to read:
AB1050-ASA1,4,224
30.77
(3) (am) 3r. If a public inland lake protection and rehabilitation district
25is created for an inland lake after a town sanitary district has enacted ordinances
1under subd. 1m. for the lake, any ordinances enacted by the public inland lake
2protection and rehabilitation district supersede all of the following:
AB1050-ASA1,4,43
a. Any conflicting provisions of a town, village or city ordinance enacted under
4par. (a) that are applicable to the lake.
AB1050-ASA1,4,65
b. Any conflicting provisions of a town sanitary district ordinance enacted
6under subd. 1m. that are applicable to the lake.
AB1050-ASA1,4,199
30.77
(3) (am) 4. If a town, village or city proposes to rescind a resolution that
10it adopted under subd. 1.
or 1m., and if the recision will result in less than 50% of the
11towns, villages or cities with jurisdiction over the lake still having in effect
12resolutions adopted under subd. 1.
or 1m. or will result in less than 60% of the footage
13of shoreline of the lake being within the boundaries of the towns, villages and cities
14with resolutions still in effect, the town, village or city proposing to rescind the
15resolution shall hold a hearing on the recision at least 30 days before the recision will
16take effect and shall give notice as required under par. (aw) 2. If, after holding the
17hearing, the town, village or city rescinds the resolution that it adopted under subd.
181.
or 1m., the
lake public inland lake protection and rehabilitation district
19ordinances
or the town sanitary district ordinances are void.
AB1050-ASA1,5,2
2230.105 (title)
Determining footage of shoreline. In determining footage
23of shoreline for purposes of
pars. s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am)
and 60.782
24(2), towns, villages, cities
and lake, public inland lake protection and rehabilitation
1districts and town sanitary districts shall measure by use of a map wheel on the U.S.
2geological survey 7 1/2 minute series map.
AB1050-ASA1,5,95
30.77
(3) (aw) 1. If one or more towns, villages or cities propose to enact an
6ordinance for an inland lake under par. (ac) 2. or a
lake public inland lake protection
7and rehabilitation district
or town sanitary district proposes to enact an ordinance
8for an inland lake under par. (am) 1. b.
or 1m. b., it shall hold a public hearing on the
9proposed ordinance at least 30 days before its enactment.
AB1050-ASA1,6,512
30.77
(3) (d) Ordinances pertaining to the equipment, use or operation of boats
13on inland lakes shall be subject to advisory review by the department as provided
14under this paragraph. Proposed ordinances subject to review under this paragraph
15shall be submitted by the local town, village or city clerk or by
a the public inland lake
16protection and rehabilitation district
or town sanitary district to the department at
17least 60 days prior to final action thereon by the town, village
or, city
or district 18governing body. Advisory reports regarding town, village
or, city
or, lake district
or
19town sanitary district ordinances that regulate the equipment, use or operation of
20boats on inland lakes shall be based on consideration of the effect of the ordinance
21on the state from the standpoint of uniformity and enforcement and the effect of the
22ordinance on an affected town, village, city
or, lake district
or town sanitary district 23in view of pertinent local conditions. Advisory reports shall state in what regard such
24ordinances are considered consistent or inconsistent with this chapter as to public
25health, safety or welfare, including the public's interest in preserving the state's
1natural resources, and shall be accompanied by suggested changes, if any. No later
2than 20 days after receipt by the department of proposed ordinances, the department
3shall advise the town, village, city
or, lake district
or town sanitary district in writing
4as to the results of its advisory review under this paragraph. The department shall
5address the results sent to a town, village or city to its clerk.
AB1050-ASA1, s. 14
6Section
14. 30.77 (3) (e) 1. (intro.) of the statutes is amended to read:
AB1050-ASA1,6,97
30.77
(3) (e) 1. (intro.) A municipality
or
, a public inland lake protection and
8rehabilitation district
or a town sanitary district that has in effect an ordinance
9under par. (am) may charge boat operators reasonable fees for any of the following:
AB1050-ASA1,6,1211
30.77
(3) (e) 1. b. The municipality's or
lake district's costs for operating or
12maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.
AB1050-ASA1,6,1514
30.77
(3) (e) 1. c. The municipality's or
lake district's costs for providing other
15recreational boating services.
AB1050-ASA1,6,1817
30.79
(1) (a) "Local governmental unit" means a municipality
or, a public
18inland lake protection and rehabilitation district
or a lake sanitary district.
AB1050-ASA1,6,2320
30.79
(1) (b) 2. A unit created by a public inland lake protection and
21rehabilitation district
, by a lake sanitary district or by a number of local
22governmental units riparian to a single lake, at least one of which is a lake district
23or a lake sanitary district, for the purposes specified in subd. 1.
AB1050-ASA1,7,6
130.92
(1) (b) "Governmental unit" means the department, a municipality, a
2town lake sanitary district, a public inland lake protection and rehabilitation district
3organized under ch. 33, the Milwaukee River revitalization council, the Lower
4Wisconsin State Riverway board, the Fox River management commission or any
5other local governmental unit, as defined in s. 66.299 (1) (a), that is established for
6the purpose of lake management.
AB1050-ASA1,7,148
33.001
(2) (b) A state effort of research, analysis, planning and financing, and
9a local effort undertaken by
public inland lake protection and rehabilitation districts
10and the Dane county lakes and watershed commission of planning and plan
11implementation are necessary and desirable and that the
local districts should be
12formed by persons directly affected by the deteriorated condition of inland waters
13and willing to assist financially, or through other means, in remedying lake
14problems.
AB1050-ASA1,7,2016
33.01
(8) "Public inland lake" or "lake" means a lake, reservoir or flowage
17within the boundaries of the state that is accessible to the public via contiguous
18public lands or easements giving public access. "
Lake" also includes any lake,
19reservoir or flowage within the boundaries of the state that is under the jurisdiction
20of a restructured district.
AB1050-ASA1,7,2422
33.01
(9g) "Restructured district" means a district for a lake that results from
23a conversion under s. 33.235 (1m), a formation under s. 33.235 (2) or a merger under
24s. 33.235 (3).
AB1050-ASA1,8,6
133.14
(3) Department review. Within 21 days after receipt of the proposed plan
2and applications the department shall advise the
lake district if additional
3information is needed to conduct its technical and environmental review of the
4proposal. If an environmental impact statement is required, the department shall
5complete its environmental impact review before taking final action on the proposed
6plan.
AB1050-ASA1,8,11
833.21 Public inland lake protection and rehabilitation districts;
9purposes. Public inland lake protection and rehabilitation districts Districts may
10be created for the purpose of undertaking a program of lake protection and
11rehabilitation of a lake or parts thereof within the district.