Amendment ASA-AB150

AB150-ASA,591,23 (d) The department, by rule, may increase any fee specified in sub. (2).

AB150-ASA, s. 1666 Section 1666. 30.28 (3) (title) of the statutes is created to read:

AB150-ASA,591,25 30.28 (3) (title) Exemptions.

AB150-ASA, s. 1667 Section 1667. 30.28 (3) of the statutes is renumbered 30.28 (3) (a) and amended to read:

AB150-ASA,592,7 30.28 (3) (a) This section does not apply to projects funded in whole or in part by any federal agency, or state agency, county, city, village, town, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district or federally recognized Native American tribal governing body.

AB150-ASA, s. 1668 Section 1668. 30.28 (3) (b) of the statutes is created to read:

AB150-ASA,592,10 30.28 (3) (b) This section does not apply to a permit issued under s. 30.12 (3) (a) 2., 2m. or 3.

AB150-ASA, s. 1670 Section 1670. 30.32 (9) of the statutes is amended to read:

AB150-ASA,592,23 30.32 (9) Optional contract provisions. The officer or agency in charge of negotiating the contract may insert in the specifications of the work reasonable and lawful conditions as to hours of labor and the residence and character of workers to be employed by the contractor and especially, so far as is practicable in the judgment of such officer or agency, such reasonable and lawful conditions as will tend to confine employment on such work, in whole or in part, to permanent and bona fide residents of this state. The officer or agency may do any part of such work by day labor under such conditions as it prescribes. The officer or agency may demand of such bidders and contractors that all contracts shall be let subject to chs. 101, 102, 103 and 105, to the end that the officer or agency and municipality shall be held harmless. The officer or agency may reject any or all bids or parts thereof for any such work or supplies or materials.

AB150-ASA, s. 1674m Section 1674m. 30.42 (1) (e) of the statutes is amended to read:

AB150-ASA,593,3 30.42 (1) (e) For each county named in s. 15.345 (6) 15.445 (3) (b), assign a department employe whose office is in the county to serve as a liaison representative on issues concerning the riverway.

AB150-ASA, s. 1682 Section 1682. 30.52 (3) (b) of the statutes is amended to read:

AB150-ASA,593,6 30.52 (3) (b) Fee for boats under 16 feet. The fee for the issuance or renewal of a certificate of number for a boat less than 16 feet in length is $6.50 $11.

AB150-ASA, s. 1683 Section 1683. 30.52 (3) (c) of the statutes is amended to read:

AB150-ASA,593,10 30.52 (3) (c) Fee for boats 16 feet or more but less than 26 feet. The fee for the issuance or renewal of a certificate of number for a boat 16 feet or more but less than 26 feet in length is $8.50 $16.

AB150-ASA, s. 1684 Section 1684. 30.52 (3) (d) of the statutes is amended to read:

AB150-ASA,593,14 30.52 (3) (d) Fee for boats 26 feet or more but less than 40 feet. The fee for the issuance or renewal of a certificate of number for a boat 26 feet or more but less than 40 feet in length is $10.50 $30.

AB150-ASA, s. 1685 Section 1685. 30.52 (3) (e) of the statutes is amended to read:

AB150-ASA,593,17 30.52 (3) (e) Fee for boats 40 feet or longer. The fee for the issuance or renewal of a certificate of number for a boat 40 feet or more in length is $12.50 $50.

AB150-ASA, s. 1686 Section 1686. 30.52 (3) (f) of the statutes is amended to read:

AB150-ASA,593,21 30.52 (3) (f) Fee for nonmotorized sailboats. Notwithstanding pars. (b) to (e), the fee for the issuance or renewal of a certificate of number for a sailboat which is not a motorboat is $6.50 $10.

AB150-ASA, s. 1687 Section 1687. 30.52 (3) (i) of the statutes is amended to read:

AB150-ASA,594,3 30.52 (3) (i) Fleet fees. A person owning or holding 3 or more boats may, at the person's option, pay a fleet rate for these boats instead of the fees which otherwise would be payable under pars. (b) to (g). Notwithstanding pars. (b) to (g), the fee for the issuance or renewal of certificates of number or registrations for boats under the fleet rate is $9 $18 plus 50% of the fees which would otherwise be applicable for the boats under pars. (b) to (g).

AB150-ASA, s. 1691 Section 1691. 30.71 of the statutes is amended to read:

AB150-ASA,594,10 30.71 Boats equipped with toilets. No person may, while maintaining or operating any boat equipped with toilets on inland waters or outlying waters of this state, as defined in s. 29.01 (9) and (11), dispose of any toilet wastes in any manner into the inland or outlying waters of this state. The department of industry, labor and human relations development may promulgate rules necessary to carry out the purposes of this section.

AB150-ASA, s. 1693 Section 1693. 30.92 (4) (a) of the statutes is amended to read:

AB150-ASA,594,22 30.92 (4) (a) The department shall develop and administer, with the approval of the commission, a financial assistance program for governmental units, including itself, and qualified lake associations for the construction and maintenance rehabilitation of capital improvements related to recreational boating facilities, for the maintenance and operation improvement of locks and facilities which provide access between waterways and for the projects specified in par. (b) 8. No financial assistance under this section may be provided to the Fox river management commission for feasibility studies of construction projects or for construction projects. No financial assistance under this section may be provided to the department other than for projects for access to inland lakes without a public access facility.

AB150-ASA, s. 1694 Section 1694. 30.92 (4) (b) 2. of the statutes is amended to read:

AB150-ASA,595,7 30.92 (4) (b) 2. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50% of any construction, management, operation, acquisition, maintenance rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section. The department may pay, with the approval of the commission, an additional 10% of the costs of a construction project if a the municipality conducts a boating safety enforcement and education program approved by the department.

AB150-ASA, s. 1695 Section 1695. 30.92 (4) (b) 7. of the statutes is amended to read:

AB150-ASA,595,16 30.92 (4) (b) 7. Projects qualifying for funds available for recreational boating aids under this section include, but are not limited to, construction , rehabilitation and improvement of harbors of refuge on the Great Lakes; accommodation of motor-powered recreational watercraft; construction, rehabilitation and improvement of public access and related facilities on inland waters where motor-powered recreational watercraft are permitted; and management, maintenance and operation improvement of locks and facilities that provide access between waterways for the operators of recreational watercraft.

AB150-ASA, s. 1697 Section 1697. 30.94 (6m) of the statutes is amended to read:

AB150-ASA,595,23 30.94 (6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under s. 20.370 (4) (dq) (5) (hu) to the commission for the management, operation, restoration and repair of the Fox river navigational system if Brown county, Calumet county, Fond du Lac county, Outagamie county and Winnebago county contribute matching funds for the management and operation of the Fox river navigational system.

AB150-ASA, s. 1698 Section 1698. 30.95 (title) of the statutes is renumbered 31.309 (title) and amended to read:

AB150-ASA,596,1 31.309 (title) Portage levee system.

AB150-ASA, s. 1699 Section 1699. 30.95 (1) of the statutes is renumbered 31.309 (1) (a) and amended to read:

AB150-ASA,596,9 31.309 (1) (a) The department shall provide a grant of $600,000 in fiscal year 1993-94 and of $600,000 in fiscal year 1994-95 in the 1995-97 fiscal biennium from the appropriation under s. 20.370 (4) (bu) (5) (cq) to the city of Portage for the amount necessary for the renovation and repair of the city of Portage levee in the Portage levee system. The grant under this section paragraph may not exceed $1,200,000 $800,000 in fiscal year 1995-96 and $800,000 in fiscal year 1996-97.

AB150-ASA, s. 1700 Section 1700. 30.95 (2) of the statutes is repealed.

AB150-ASA, s. 1701 Section 1701. 31.307 (4) of the statutes is amended to read:

AB150-ASA,596,15 31.307 (4) For purposes of s. 30.92 (4) (b) 6., moneys expended from the appropriation under s. 20.370 (4) (bu) (5) (cq) for the study under sub. (1) shall be considered as amounts expended for projects considered necessary without regard to location.

AB150-ASA, s. 1702 Section 1702. 31.309 (1) (title) of the statutes is created to read:

AB150-ASA,596,17 31.309 (1) (title) City of Portage levee.

AB150-ASA, s. 1703 Section 1703. 31.309 (1) (b) of the statutes is created to read:

AB150-ASA,596,22 31.309 (1) (b) When the department determines that the renovation and repair described under par. (a) are complete, the city of Portage shall assume the maintenance of the city of Portage levee in the Portage levee system in a manner that will best protect the surrounding area from the overflow of the Wisconsin River.

AB150-ASA, s. 1704 Section 1704. 31.309 (2) (title) of the statutes is created to read:

AB150-ASA,596,24 31.309 (2) (title) Lewiston and Caledonia levees.

AB150-ASA, s. 1705 Section 1705. 31.309 (2) (b) of the statutes is created to read:

AB150-ASA,597,4 31.309 (2) (b) The department may expend in fiscal year 1995-96, from the appropriation under s. 20.370 (5) (cq), up to $400,000 for a study concerning the future of strengthening and maintaining the Lewiston and Caledonia levees in the Portage levee system. The study shall include a management plan for these 2 levees.

AB150-ASA, s. 1706 Section 1706. 31.36 (4) of the statutes is renumbered 31.309 (2) (a) and amended to read:

AB150-ASA,597,10 31.309 (2) (a) The department shall construct, strengthen and maintain the Lewiston and Caledonia levees in the Portage levee system in such a manner as that will best protect the vicinity surrounding area from the overflow of the Wisconsin river.

AB150-ASA, s. 1707 Section 1707. 31.39 (title) of the statutes is amended to read:

AB150-ASA,597,12 31.39 (title) Fee Fees for permits and, approvals and hearings.

AB150-ASA, s. 1708 Section 1708. 31.39 (1) of the statutes is amended to read:

AB150-ASA,597,17 31.39 (1) (title) Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 31.02 to 31.185 and 31.33 to 31.38. The permit or approval fee shall accompany the permit application or request for approval and shall be refunded if the permit is not granted.

AB150-ASA, s. 1709 Section 1709. 31.39 (2) of the statutes is repealed and recreated to read:

AB150-ASA,597,23 31.39 (2) Amount of fees. (a) For fees charged for permits and approvals under ss. 31.02 to 31.185 and 31.33 to 31.38, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:

AB150-ASA,597,25 1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.

AB150-ASA,598,2 2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.

AB150-ASA,598,4 3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.

AB150-ASA,598,7 (b) For conducting a hearing on an application for which notice is provided under s. 31.06 (1), the person requesting the hearing for the permit or approval shall pay a fee of $25.

AB150-ASA, s. 1710 Section 1710. 31.39 (2m) of the statutes is created to read:

AB150-ASA,598,13 31.39 (2m) Adjustments in fees. (a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. The department may not refund a permit or approval fee after the department determines that the application is complete.

AB150-ASA,598,16 (b) If the applicant applies for a permit or requests an approval after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB150-ASA,598,19 (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 144.0252 is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB150-ASA,598,20 (d) The department, by rule, may increase any fee specified in sub. (2).

AB150-ASA, s. 1711 Section 1711. 31.39 (3) of the statutes is amended to read:

AB150-ASA,599,2 31.39 (3) (title) Exemptions. This section does not apply to any federal agency, or state agency, county, city, village, town, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district, the Dane county lakes and watershed commission or any federally recognized Native American tribal governing body.

AB150-ASA, s. 1713 Section 1713. 32.19 (2) (b) of the statutes is amended to read:

AB150-ASA,599,13 32.19 (2) (b) "Comparable dwelling" means one which, when compared with the dwelling being taken, is substantially equal concerning all major characteristics and functionally equivalent with respect to: the number and size of rooms and closets, area of living space, type of construction, age, state of repair, size and utility of any garage or other outbuilding, type of neighborhood and accessibility to public services and places of employment. "Comparable dwelling" shall meet all of the standard building requirements and other code requirements of the local governmental body and shall also be decent, safe and sanitary and within the financial means of the displaced person, as defined by the department of industry, labor and human relations development.

AB150-ASA, s. 1714 Section 1714. 32.19 (2) (e) 1. b. of the statutes is amended to read:

AB150-ASA,599,18 32.19 (2) (e) 1. b. As a result of rehabilitation, demolition or other displacing activity, as determined by the department of industry, labor and human relations development, if the person is a tenant-occupant of a dwelling, business or farm operation and the displacement is permanent.

AB150-ASA, s. 1715 Section 1715. 32.19 (3) (b) 1. of the statutes is amended to read:

AB150-ASA,599,24 32.19 (3) (b) 1. Dwellings. Any displaced person who moves from a dwelling and who elects to accept the payments authorized by this paragraph in lieu of the payments authorized by par. (a) may receive an expense and dislocation allowance, determined according to a schedule established by the department of industry, labor and human relations development.

AB150-ASA, s. 1716 Section 1716. 32.19 (3) (b) 2. of the statutes is amended to read:

AB150-ASA,600,10 32.19 (3) (b) 2. Business and farm operations. Any displaced person who moves or discontinues his or her business or farm operation, is eligible under criteria established by the department of industry, labor and human relations development by rule and elects to accept payment authorized under this paragraph in lieu of the payment authorized under par. (a), may receive a fixed payment in an amount determined according to criteria established by the department of industry, labor and human relations development by rule, except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others is not eligible for a payment under this subdivision.

AB150-ASA, s. 1717 Section 1717. 32.19 (3) (c) of the statutes is amended to read:

AB150-ASA,600,20 32.19 (3) (c) Optional payment for businesses. Any displaced person who moves his or her business, and elects to accept the payment authorized in par. (a), may, if otherwise qualified under par. (b) 2., elect to receive the payment authorized under par. (b) 2., minus whatever payment the displaced person received under par. (a), if the displaced person discontinues the business within 2 years of the date of receipt of payment under par. (a), provided that the displaced person meets eligibility criteria established by the department of industry, labor and human relations development by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.

AB150-ASA, s. 1718 Section 1718. 32.19 (4) (a) 2. of the statutes is amended to read:

AB150-ASA,601,5 32.19 (4) (a) 2. The amount of increased interest expenses and other debt service costs incurred by the owner to finance the purchase of another property substantially similar to the property taken, if at the time of the taking the land acquired was subject to a bona fide mortgage or was held under a vendee's interest in a bona fide land contract, and such mortgage or land contract had been executed in good faith not less than 180 days prior to the initiation of negotiations for the acquisition of such property. The computation of the increased interest costs shall be determined according to rules promulgated by the department of industry, labor and human relations development.

AB150-ASA, s. 1719 Section 1719. 32.19 (4) (b) (intro.) of the statutes is amended to read:

AB150-ASA,601,16 32.19 (4) (b) Tenants and certain others. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any individual or family displaced from any dwelling which was actually and lawfully occupied by such individual or family for not less than 90 days prior to the initiation of negotiations for the acquisition of such property or, if displacement is not a direct result of acquisition, such other event as determined by the department of industry, labor and human relations development by rule. For purposes of this paragraph, a nonprofit corporation organized under ch. 181 may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under par. (bm), such payment shall be either:

AB150-ASA, s. 1720 Section 1720. 32.19 (4m) (a) 2. of the statutes is amended to read:

AB150-ASA,601,25 32.19 (4m) (a) 2. The amount, if any, which will compensate such owner displaced person for any increased interest and other debt service costs which such person is required to pay for financing the acquisition of any replacement property, if the property acquired was encumbered by a bona fide mortgage or land contract which was a valid lien on the property for at least one year prior to the initiation of negotiations for its acquisition. The amount under this subdivision shall be determined according to rules promulgated by the department of industry, labor and human relations development.

AB150-ASA, s. 1721 Section 1721. 32.19 (4m) (b) (intro.) of the statutes is amended to read:

AB150-ASA,602,12 32.19 (4m) (b) Tenant-occupied business or farm operation. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any tenant displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to initiation of negotiations for the acquisition of the real property on which the business or farm operation lies or, if displacement is not a direct result of acquisition, such other event as determined by the department of industry, labor and human relations development, and who actually rents or purchases a comparable replacement business or farm operation for the displaced business or farm operation within 2 years after the date the person vacates the acquired property. At the option of the tenant displaced person, such payment shall be either:

AB150-ASA, s. 1722 Section 1722. 32.19 (4m) (b) 1. of the statutes is amended to read:

AB150-ASA,602,21 32.19 (4m) (b) 1. The amount, not to exceed $30,000, which is necessary to lease or rent a comparable replacement business or farm operation for a period of 4 years. The payment shall be computed by determining the average monthly rent paid for the property from which the person was displaced for the 12 months prior to the initiation of negotiations or, if displacement is not a direct result of acquisition, such other event as determined by the department of industry, labor and human relations development and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or

AB150-ASA, s. 1723 Section 1723. 32.197 of the statutes is amended to read: