SB45: Bill Text

SB45, s. 844 Section 844. 30.207 (9) (intro.) of the statutes is renumbered 30.279 and amended to read:

SB45,532,19 30.279 Access Departmental access to property. For inspection the purposes of administering and enforcing this chapter and the rules promulgated under this chapter, an employe or agent of the department shall have free access during reasonable hours to inspect any site where an project or activity is proposed to be, is or has been authorized under a general undertaken pursuant to a permit issued under this section if the employe or agent shows to any person who is present at the site and who owns the site or is otherwise in control of the site either of the following: or other approval or a contract under this chapter.

SB45, s. 845 Section 845. 30.207 (9) (a) of the statutes is repealed.

SB45, s. 846 Section 846. 30.207 (9) (b) of the statutes is repealed.

SB45, s. 847 Section 847. 30.207 (10) of the statutes is repealed.

SB45, s. 848 Section 848. 30.28 (1) of the statutes is amended to read:

SB45,533,2 30.28 (1) Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 30.206 and 30.21 to 30.27. The permit or approval fee shall accompany the permit application, notice or request for approval.

SB45, s. 849 Section 849. 30.28 (2) (b) 1. of the statutes is amended to read:

SB45,533,5 30.28 (2) (b) 1. For an application for a general permit submitted under s. 30.207 (3) 30.206 (1g), the fee shall be $2,000.

SB45, s. 850 Section 850. 30.28 (2) (b) 2. of the statutes is amended to read:

SB45,533,8 30.28 (2) (b) 2. For a notice submitted under s. 30.207 (7) 30.206 (3b), the fee shall be $100.

SB45, s. 851 Section 851. 30.28 (2m) (am) of the statutes is amended to read:

SB45,533,12 30.28 (2m) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. if the department denies an application for a general permit under s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6) 30.206 (1g).

SB45, s. 852 Section 852. 30.28 (2m) (b) of the statutes is amended to read:

SB45,533,17 30.28 (2m) (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 (7) 30.206 (3b) 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.

SB45, s. 853 Section 853. 30.28 (2m) (d) of the statutes is amended to read:

SB45,533,22 30.28 (2m) (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207 30.206.

SB45, s. 854 Section 854. 30.50 (4a) of the statutes is created to read:

SB45,534,3 30.50 (4a) "Expedited service" means a process under which a person is able to renew a certificate of number or a certificate of registration in person and with only one appearance at the site where certificates are renewed.

SB45, s. 855 Section 855. 30.52 (1m) of the statutes is created to read:

SB45,534,6 30.52 (1m) Renewals. (a) Agents. For the renewal of certificates of number or certificates of registration, the department may do any of the following:

SB45,534,7 1. Directly renew the certificates.

SB45,534,9 2. Appoint, as an agent of the department, the clerk of one or more counties to renew the certificates.

SB45,534,11 3. Appoint persons who are not employes of the department to renew the certificates as agents of the department.

SB45,534,13 (b) Agent activities. 1. The clerk of any county appointed under par. (a) 2. may accept the appointment.

SB45,534,15 2. The department may promulgate rules regulating the activities of persons appointed under par (a) 2. and 3.

SB45,534,18 (c) Expedited service. The department may establish an expedited service to be provided by the department and agents appointed under par. (a) 2. or 3. for the renewal of certificates of number or certificates of registration.

SB45,534,22 (d) Fees. In addition to the applicable renewal fee under sub. (3), the department may authorize that a supplemental renewal fee of $3 be collected for the renewal of certificates of number or certificates of registration that are renewed in any of the following manners:

SB45,534,23 1. By agents appointed under par. (a) 2. or 3.

SB45,534,24 2. By the department using the expedited service.

SB45,535,4 (e) Remittal of fees. An agent appointed under par. (a) 2. or 3. shall remit to the department $2 of each $3 fee collected under par. (d). Any fees remitted to or collected by the department under par. (d) shall be credited to the appropriation account under s. 20.370 (9) (hu).

SB45, s. 856 Section 856. 30.52 (2) of the statutes is amended to read:

SB45,535,11 30.52 (2) Certification and registration period. The certification and registration period runs for 2 3 years, commencing on April 1 of the year in which the certificate of number or registration is issued and, unless sooner terminated or discontinued in accordance with this chapter, expiring on March 31 of the 2nd 3rd year after issuance. A certificate of number or registration is valid only for the period for which it is issued.

SB45, s. 857 Section 857. 30.52 (3) (b) of the statutes is amended to read:

SB45,535,14 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 $11 $16.50.

SB45, s. 858 Section 858. 30.52 (3) (c) of the statutes is amended to read:

SB45,535,18 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 $16 $24.

SB45, s. 859 Section 859. 30.52 (3) (d) of the statutes is amended to read:

SB45,535,22 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 $30 $45.

SB45, s. 860 Section 860. 30.52 (3) (e) of the statutes is amended to read:

SB45,535,25 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 $50 $75.

SB45, s. 861 Section 861. 30.52 (3) (f) of the statutes is amended to read:

SB45,536,4 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 $10 $15.

SB45, s. 862 Section 862. 30.52 (3) (fm) of the statutes is amended to read:

SB45,536,8 30.52 (3) (fm) Fee for voluntarily registered boats. Notwithstanding pars. (b) to (f), the fee for issuance or renewal of registration for a boat registered pursuant to sub. (1) (b) 1m. is $6.50 $9.75.

SB45, s. 863 Section 863. 30.52 (3) (h) of the statutes is amended to read:

SB45,536,15 30.52 (3) (h) Fee for issuance upon transfer of ownership. Notwithstanding pars. (b) to (g), the fee for the issuance of a certificate of number or registration to the new owner upon transfer of ownership of a boat certified or registered under this chapter by the previous owner is $2.50 $3.75 if the certificate of number or registration is issued for the remainder of the certification and registration period for which the previous certificate of number or registration was issued.

SB45, s. 864 Section 864. 30.52 (3) (i) of the statutes is amended to read:

SB45,536,22 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 $18 $27 plus 50% of the fees which would otherwise be applicable for the boats under pars. (b) to (g).

SB45, s. 865 Section 865. 30.52 (3) (im) of the statutes, as created by 1997 Wisconsin Act 198, is amended to read:

SB45,537,3 30.52 (3) (im) Dealer or manufacturer fees. A manufacturer or dealer in boats may, at the manufacturer's or dealer's option, pay a fee of $50 $75 for the issuance or renewal of a certificate of number.

SB45, s. 866 Section 866. 30.74 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 198, is amended to read:

SB45,537,17 30.74 (1) (b) The department shall prescribe the course content, and the form of the certificate and may collect a fee from each person who enrolls in the course. The department may authorize instructors. An instructor conducting such courses meeting standards established by it to retain a course under this subsection shall collect the instruction fee from each person who receives instruction. The department may determine the portion of the this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred locally to operate the program by the instructor in conducting the course. The instructor shall remit the remainder of the fee shall be retained by or, if nothing is retained, the entire fee to the department for the purpose of defraying a part of its expenses incurred to operate the program. The department by rule shall set the fee for the course and the amount of the fee that may be retained by instructors.

SB45, s. 867 Section 867. 30.77 (3) (dm) 1. of the statutes is amended to read:

SB45,537,23 30.77 (3) (dm) 1. In this paragraph, "local entity" means a city, village, town, county, qualified lake association, as defined in s. 281.68 (1) (b), nonprofit conservation organization, as defined in s. 23.0955 (1), town sanitary district, public inland lake protection and rehabilitation district or another local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.

SB45, s. 868 Section 868. 31.385 (title) of the statutes is amended to read:

SB45,538,2 31.385 (title) Dam maintenance, repair, modification, abandonment and removal safety; aid program.

SB45, s. 869 Section 869. 31.385 (1) of the statutes is renumbered 31.385 (1m) and amended to read:

SB45,538,8 31.385 (1m) The department shall promulgate the rules necessary to administer a financial assistance program for municipalities and public inland lake protection and rehabilitation districts for dam maintenance, repair, modification, abandonment and removal safety projects.

SB45, s. 870 Section 870. 31.385 (1) of the statutes is created to read:

SB45,538,12 31.385 (1) In this section, "dam safety project" means the maintenance, repair, modification, abandonment or removal of a dam to increase its safety or any other activity that will increase the safety of a dam.

SB45, s. 871 Section 871. 31.385 (2) (intro.) of the statutes is amended to read:

SB45,538,16 31.385 (2) (intro.) The following standards shall apply to financial assistance under this section for dam maintenance, repair, modification, abandonment and removal safety projects:

SB45, s. 872 Section 872. 31.385 (2) (a) of the statutes is amended to read:

SB45,538,21 31.385 (2) (a) State financial assistance for a dam safety project is limited to no more than 50% of the cost of a particular the project involving dam maintenance, repair, modification, abandonment or removal and no more than $200,000 of state financial assistance for a particular project.

SB45, s. 873 Section 873. 31.385 (2) (ag) of the statutes is amended to read:

SB45,539,2 31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL), at least $250,000 shall be used for projects to remove dams that are less than 15 feet wide high and that create impoundments of 50 acre-feet 100 surface acres of water or less. A project under this paragraph may include restoring the stream or river that was dammed.

SB45, s. 874 Section 874. 31.385 (2) (bm) of the statutes is created to read:

SB45,539,7 31.385 (2) (bm) The department may provide financial assistance for an activity other than the maintenance, repair, modification, abandonment or removal of the dam only if the cost of that activity will be less than the cost of the maintenance, repair, modification or removal of the dam.

SB45, s. 875 Section 875. 31.385 (2) (c) (intro.) of the statutes is amended to read:

SB45,539,11 31.385 (2) (c) (intro.) No financial assistance may be provided under this section for the maintenance, repair, modification, abandonment or removal of a dam safety project unless at least one of the following applies:

SB45, s. 876 Section 876. 31.385 (2) (c) 1. of the statutes is amended to read:

SB45,539,18 31.385 (2) (c) 1. The department conducts an investigation or inspection of the dam under this chapter and the owner of the dam requests financial assistance under this section within 6 months after having received department directives, based on the department's investigation or inspection of the dam, for the repair, modification or abandonment and removal of the dam or for another activity to increase the safety of the dam.

SB45, s. 877 Section 877. 31.385 (3) of the statutes is amended to read:

SB45,539,24 31.385 (3) The department shall provide municipalities and public inland lake protection and rehabilitation districts with technical assistance in conducting for dam maintenance, repair, modification, abandonment and removal safety projects under this section. The department shall coordinate the financial assistance program under this section with other related state and federal programs.

SB45, s. 878 Section 878. 32.02 (1) of the statutes is amended to read:

SB45,540,10 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health and family services, the department of corrections, the board of regents of the university of Wisconsin system, the building commission, a commission created by contract under s. 66.30, with the approval of the municipality in which condemnation is proposed, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.70 (12), may not acquire property by condemnation. The department of natural resources may not acquire property by condemnation.

SB45, s. 879 Section 879. 32.02 (16) of the statutes is repealed and recreated to read:

SB45,540,13 32.02 (16) The building commission, as specified in s. 13.48 (16), and, at the request of the department of natural resources, for any public purpose.

SB45, s. 880 Section 880. 32.05 (7) (d) of the statutes is amended to read:

SB45,540,25 32.05 (7) (d) On or before said date of taking, a check, naming the parties in interest as payees, for the amount of the award less outstanding delinquent tax liens, proportionately allocated as in division in redemption under ss. 74.51 and 75.01 when necessary and less the condemnee's prorated taxes of the same year, if any, likewise proportionately allocated when necessary against the property taken, shall at the option of the condemnor be mailed by certified mail to the owner or one of the owners of record or be deposited with the clerk of the circuit court of the county for the benefit of the persons named in the award. The clerk shall give notice thereof by certified mail to such parties. The persons entitled thereto may receive their proper share of the award by petition to and order of the circuit court of the county. The petition shall be filed with the clerk of the court without fee.

SB45, s. 881 Section 881. 32.05 (7) (e) of the statutes is created to read:

SB45,541,6 32.05 (7) (e) Notwithstanding par. (d), if the condemnor seeks less than a 50% interest in the property under sub. (3) (b), the condemnor may choose not to subtract the condemnee's prorated taxes of the same year, if any, from the award payment and may include the condemnor's prorated taxes of the same year, if any, in the award payment.

SB45, s. 882 Section 882. 32.185 of the statutes is renumbered 32.185 (intro.) and amended to read:

SB45,541,10 32.185 Condemnor. (intro.) "Condemnor", for the purposes of In ss. 32.19 to 32.27,:

SB45,541,11 (1) Except as provided in sub. (2), "condemnor" means any:

SB45,541,16 (a) Any municipality, board, commission, public officer or corporation vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized by statute to employ its powers of eminent domain or by the power of eminent domain. "Condemnor" also means a displacing agency. In this section, "displacing agency" means any

SB45,541,19 (b) Any state agency, political subdivision of the state or person carrying out a program or project with public financial assistance that causes a person to be a displaced person, as defined in s. 32.19 (2) (e).

SB45, s. 883 Section 883. 32.185 (2) of the statutes is created to read: