AB150-engrossed,603,1312
30.28
(3) (b) This section does not apply to a permit issued under s. 30.12 (3)
13(a) 2., 2m. or 3.
AB150-engrossed,604,215
30.32
(9) Optional contract provisions. The officer or agency in charge of
16negotiating the contract may insert in the specifications of the work reasonable and
17lawful conditions as to hours of labor and the residence and character of workers to
18be employed by the contractor and especially, so far as is practicable in the judgment
19of such officer or agency, such reasonable and lawful conditions as will tend to confine
20employment on such work, in whole or in part, to permanent and bona fide residents
21of this state. The officer or agency may do any part of such work by day labor under
22such conditions as it prescribes. The officer or agency may demand of such bidders
23and contractors that all contracts shall be let subject to chs.
101, 102
, 103 and 105,
24to the end that the officer or agency and municipality shall be held harmless. The
1officer or agency may reject any or all bids or parts thereof for any such work or
2supplies or materials.
AB150-engrossed,604,64
30.42
(1) (e) For each county named in s.
15.345 (6) 15.445 (3) (b), assign a
5department employe whose office is in the county to serve as a liaison representative
6on issues concerning the riverway.
AB150-engrossed,604,98
30.52
(3) (b)
Fee for boats under 16 feet. The fee for the issuance or renewal of
9a certificate of number for a boat less than 16 feet in length is
$6.50 $11.
AB150-engrossed,604,1311
30.52
(3) (c)
Fee for boats 16 feet or more but less than 26 feet. The fee for the
12issuance or renewal of a certificate of number for a boat 16 feet or more but less than
1326 feet in length is
$8.50 $16.
AB150-engrossed,604,1715
30.52
(3) (d)
Fee for boats 26 feet or more but less than 40 feet. The fee for the
16issuance or renewal of a certificate of number for a boat 26 feet or more but less than
1740 feet in length is
$10.50 $30.
AB150-engrossed,604,2019
30.52
(3) (e)
Fee for boats 40 feet or longer. The fee for the issuance or renewal
20of a certificate of number for a boat 40 feet or more in length is
$12.50 $50.
AB150-engrossed,604,2422
30.52
(3) (f)
Fee for nonmotorized sailboats. Notwithstanding pars. (b) to (e),
23the fee for the issuance or renewal of a certificate of number for a sailboat which is
24not a motorboat is
$6.50 $10.
AB150-engrossed,605,6
130.52
(3) (i)
Fleet fees. A person owning or holding 3 or more boats may, at the
2person's option, pay a fleet rate for these boats instead of the fees which otherwise
3would be payable under pars. (b) to (g). Notwithstanding pars. (b) to (g), the fee for
4the issuance or renewal of certificates of number or registrations for boats under the
5fleet rate is
$9 $18 plus 50% of the fees which would otherwise be applicable for the
6boats under pars. (b) to (g).
AB150-engrossed,605,13
830.71 Boats equipped with toilets. No person may, while maintaining or
9operating any boat equipped with toilets on inland waters or outlying waters of this
10state, as defined in s. 29.01 (9) and (11), dispose of any toilet wastes in any manner
11into the inland or outlying waters of this state. The department of
industry, labor
12and human relations development may promulgate rules necessary to carry out the
13purposes of this section.
AB150-engrossed,605,2515
30.92
(4) (a) The department shall develop and administer, with the approval
16of the commission, a financial assistance program for governmental units, including
17itself, and qualified lake associations for the construction and
maintenance 18rehabilitation of capital improvements related to recreational boating facilities, for
19the
maintenance and operation improvement of locks and facilities which provide
20access between waterways and for the projects specified in par. (b) 8. No financial
21assistance under this section may be provided to the Fox river management
22commission for feasibility studies of construction projects or for construction
23projects. No financial assistance under this section may be provided to the
24department other than for projects for access to inland lakes without a public access
25facility.
AB150-engrossed,606,102
30.92
(4) (b) 2. The department may cost-share, with the approval of the
3commission, with a qualified lake association or an affected governmental unit,
4including itself, at a rate of up to 50% of any construction,
management, operation, 5acquisition,
maintenance rehabilitation, feasibility study or other project costs or
6any combination of these costs, for the recreational boating project if the costs are the
7type that qualify for funding under this section. The department may pay, with the
8approval of the commission, an additional 10% of the costs of a construction project
9if
a the municipality conducts a boating safety enforcement and education program
10approved by the department.
AB150-engrossed,606,1912
30.92
(4) (b) 7. Projects qualifying for funds available for recreational boating
13aids under this section include, but are not limited to, construction
, rehabilitation 14and improvement of harbors of refuge on the Great Lakes; accommodation of
15motor-powered recreational watercraft; construction
, rehabilitation and
16improvement of public access and related facilities on inland waters where
17motor-powered recreational watercraft are permitted; and
management,
18maintenance and operation improvement of locks and facilities that provide access
19between waterways for the operators of recreational watercraft.
AB150-engrossed,607,221
30.94
(6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall
22provide in each fiscal year funds from the appropriation under s. 20.370
(4) (dq) (5)
23(hu) to the commission for the management, operation, restoration and repair of the
24Fox river navigational system if Brown county, Calumet county, Fond du Lac county,
1Outagamie county and Winnebago county contribute matching funds for the
2management and operation of the Fox river navigational system.
AB150-engrossed, s. 1698
3Section
1698. 30.95 (title) of the statutes is renumbered 31.309 (title) and
4amended to read:
AB150-engrossed,607,5
531.309 (title)
Portage levee system.
AB150-engrossed,607,138
31.309
(1) (a) The department shall provide a grant
of $600,000 in fiscal year
91993-94 and of $600,000 in fiscal year 1994-95 in the 1995-97 fiscal biennium from
10the appropriation under s. 20.370
(4) (bu) (5) (cq) to the city of Portage
for the amount
11necessary for the renovation and repair of the
city of Portage levee
in the Portage
12levee system. The grant under this
section paragraph may not exceed
$1,200,000
13$800,000 in fiscal year 1995-96 and $800,000 in fiscal year 1996-97.
AB150-engrossed,607,1916
31.307
(4) For purposes of s. 30.92 (4) (b) 6., moneys expended from the
17appropriation under s. 20.370
(4) (bu) (5) (cq) for the study under sub. (1) shall be
18considered as amounts expended for projects considered necessary without regard
19to location.
AB150-engrossed,607,2121
31.309
(1) (title)
City of Portage levee.
AB150-engrossed,608,223
31.309
(1) (b) When the department determines that the renovation and repair
24described under par. (a) are complete, the city of Portage shall assume the
1maintenance of the city of Portage levee in the Portage levee system in a manner that
2will best protect the surrounding area from the overflow of the Wisconsin River.
AB150-engrossed,608,44
31.309
(2) (title)
Lewiston and Caledonia levees.
AB150-engrossed,608,96
31.309
(2) (b) The department may expend in fiscal year 1995-96, from the
7appropriation under s. 20.370 (5) (cq), up to $400,000 for a study concerning the
8future of strengthening and maintaining the Lewiston and Caledonia levees in the
9Portage levee system. The study shall include a management plan for these 2 levees.
AB150-engrossed,608,1512
31.309
(2) (a) The department shall
construct, strengthen and maintain the
13Lewiston and Caledonia levees in the Portage levee
system in
such a manner
as that 14will best protect the
vicinity surrounding area from the overflow of the Wisconsin
15river.
AB150-engrossed,608,17
1731.39 (title)
Fee Fees for permits and, approvals and hearings.
AB150-engrossed,608,2219
31.39
(1) (title)
Fees required. The department shall charge a permit or
20approval fee for carrying out its duties and responsibilities under ss. 31.02 to 31.185
21and 31.33 to 31.38. The permit or approval fee shall accompany the permit
22application or request for approval
and shall be refunded if the permit is not granted.
AB150-engrossed,609,324
31.39
(2) Amount of fees. (a) For fees charged for permits and approvals under
25ss. 31.02 to 31.185 and 31.33 to 31.38, the department shall classify the types of
1permits and approvals based on the estimated time spent by the department in
2reviewing, investigating and making determinations whether to grant the permits
3or approvals. The department shall then set the fees as follows:
AB150-engrossed,609,54
1. For a permit or approval with an estimated time of less than 3 hours, the fee
5shall be $30.
AB150-engrossed,609,76
2. For a permit or approval with an estimated time of more than 3 hours but
7less than 9 hours, the fee shall be $100.
AB150-engrossed,609,98
3. For a permit or approval with an estimated time of more than 9 hours, the
9fee shall be $300.
AB150-engrossed,609,1210
(b) For conducting a hearing on an application for which notice is provided
11under s. 31.06 (1), the person requesting the hearing for the permit or approval shall
12pay a fee of $25.
AB150-engrossed,609,1814
31.39
(2m) Adjustments in fees. (a) The department shall refund a permit or
15approval fee if the applicant requests a refund before the department determines
16that the application for the permit or approval is complete. The department may not
17refund a permit or approval fee after the department determines that the application
18is complete.
AB150-engrossed,609,2119
(b) If the applicant applies for a permit or requests an approval after the project
20is begun or after it is completed, the department shall charge an amount equal to
21twice the amount of the fee that it would have charged under this section.
AB150-engrossed,609,2422
(c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 144.0252 is
23applicable to a project, the department shall charge only the highest fee of those that
24are applicable.
AB150-engrossed,609,2525
(d) The department, by rule, may increase any fee specified in sub. (2).
AB150-engrossed,610,62
31.39
(3) (title)
Exemptions. This section does not apply to any federal agency
, 3or state agency
, county, city, village, town, county utility district, town sanitary
4district, public inland lake protection and rehabilitation district, metropolitan
5sewerage district, the Dane county lakes and watershed commission or any federally
6recognized Native American tribal governing body.
AB150-engrossed,610,88
32.05
(8) (a) In this subsection:
AB150-engrossed,610,99
1. "Comparable replacement business" has the meaning given in s. 32.19 (2) (c).
AB150-engrossed,610,1010
2. "Condemnor" has the meaning given in s. 32.185.
AB150-engrossed,610,2112
32.05
(8) (c) The condemnor may not require the persons who occupied the
13premises on the date that title vested in the condemnor to vacate until a comparable
14replacement property is made available
, except that whenever a business is
15condemned for transportation purposes, the condemnor may require the persons
16who occupied the business on the date that title vested in the condemnor to vacate
17without providing a comparable replacement business. This paragraph does not
18apply to any person who waives his or her right to receive relocation benefits or
19services under s. 32.197 or who is not a displaced person, as defined under s. 32.19
20(2) (e), unless the acquired property is part of a program or project receiving federal
21financial assistance.
AB150-engrossed,611,723
32.19
(2) (b) "Comparable dwelling" means one which, when compared with the
24dwelling being taken, is substantially equal concerning all major characteristics and
25functionally equivalent with respect to: the number and size of rooms and closets,
1area of living space, type of construction, age, state of repair, size and utility of any
2garage or other outbuilding, type of neighborhood and accessibility to public services
3and places of employment. "Comparable dwelling" shall meet all of the standard
4building requirements and other code requirements of the local governmental body
5and shall also be decent, safe and sanitary and within the financial means of the
6displaced person, as defined by the department of
industry, labor and human
7relations development.
AB150-engrossed,611,129
32.19
(2) (e) 1. b. As a result of rehabilitation, demolition or other displacing
10activity, as determined by the department of
industry, labor and human relations 11development, if the person is a tenant-occupant of a dwelling, business or farm
12operation and the displacement is permanent.
AB150-engrossed,611,1814
32.19
(3) (b) 1. Dwellings. Any displaced person who moves from a dwelling
15and who elects to accept the payments authorized by this paragraph in lieu of the
16payments authorized by par. (a) may receive an expense and dislocation allowance,
17determined according to a schedule established by the department of
industry, labor
18and human relations development.
AB150-engrossed,612,420
32.19
(3) (b) 2. Business and farm operations. Any displaced person who moves
21or discontinues his or her business or farm operation, is eligible under criteria
22established by the department of
industry, labor and human relations development 23by rule and elects to accept payment authorized under this paragraph in lieu of the
24payment authorized under par. (a), may receive a fixed payment in an amount
25determined according to criteria established by the department of
industry, labor
1and human relations development by rule, except that such payment shall not be less
2than $1,000 nor more than $20,000. A person whose sole business at the
3displacement dwelling is the rental of such property to others is not eligible for a
4payment under this subdivision.
AB150-engrossed,612,146
32.19
(3) (c)
Optional payment for businesses. Any displaced person who moves
7his or her business, and elects to accept the payment authorized in par. (a), may, if
8otherwise qualified under par. (b) 2., elect to receive the payment authorized under
9par. (b) 2., minus whatever payment the displaced person received under par. (a), if
10the displaced person discontinues the business within 2 years of the date of receipt
11of payment under par. (a), provided that the displaced person meets eligibility
12criteria established by the department of
industry, labor and human relations 13development by rule. In no event may the total combined payment be less than
14$1,000 nor more than $20,000.
AB150-engrossed,612,2416
32.19
(4) (a) 2. The amount of increased interest expenses and other debt
17service costs incurred by the owner to finance the purchase of another property
18substantially similar to the property taken, if at the time of the taking the land
19acquired was subject to a bona fide mortgage or was held under a vendee's interest
20in a bona fide land contract, and such mortgage or land contract had been executed
21in good faith not less than 180 days prior to the initiation of negotiations for the
22acquisition of such property. The computation of the increased interest costs shall
23be determined according to rules promulgated by the department of
industry, labor
24and human relations development.
AB150-engrossed,613,10
132.19
(4) (b)
Tenants and certain others. (intro.) In addition to amounts
2otherwise authorized by this subchapter, the condemnor shall make a payment to
3any individual or family displaced from any dwelling which was actually and
4lawfully occupied by such individual or family for not less than 90 days prior to the
5initiation of negotiations for the acquisition of such property or, if displacement is not
6a direct result of acquisition, such other event as determined by the department of
7industry, labor and human relations development by rule. For purposes of this
8paragraph, a nonprofit corporation organized under ch. 181 may, if otherwise
9eligible, be considered a displaced tenant. Subject to the limitations under par. (bm),
10such payment shall be either:
AB150-engrossed,613,1912
32.19
(4m) (a) 2. The amount, if any, which will compensate such owner
13displaced person for any increased interest and other debt service costs which such
14person is required to pay for financing the acquisition of any replacement property,
15if the property acquired was encumbered by a bona fide mortgage or land contract
16which was a valid lien on the property for at least one year prior to the initiation of
17negotiations for its acquisition. The amount under this subdivision shall be
18determined according to rules promulgated by the department of
industry, labor and
19human relations development.
AB150-engrossed,614,621
32.19
(4m) (b)
Tenant-occupied business or farm operation. (intro.) In addition
22to amounts otherwise authorized by this subchapter, the condemnor shall make a
23payment to any tenant displaced person who has owned and occupied the business
24operation, or owned the farm operation, for not less than one year prior to initiation
25of negotiations for the acquisition of the real property on which the business or farm
1operation lies or, if displacement is not a direct result of acquisition, such other event
2as determined by the department of
industry, labor and human relations 3development, and who actually rents or purchases a comparable replacement
4business or farm operation for the displaced business or farm operation within 2
5years after the date the person vacates the acquired property. At the option of the
6tenant displaced person, such payment shall be either:
AB150-engrossed,614,158
32.19
(4m) (b) 1. The amount, not to exceed $30,000, which is necessary to lease
9or rent a comparable replacement business or farm operation for a period of 4 years.
10The payment shall be computed by determining the average monthly rent paid for
11the property from which the person was displaced for the 12 months prior to the
12initiation of negotiations or, if displacement is not a direct result of acquisition, such
13other event as determined by the department of
industry, labor and human relations 14development and the monthly rent of a comparable replacement business or farm
15operation, and multiplying the difference by 48; or
