AB514: Bill Text

AB514, s. 356 Section 356. 30.78 (3) of the statutes is repealed.

AB514, s. 357 Section 357. 30.79 (1) (a) of the statutes is repealed.

Note: The definition of "local governmental unit" in s. 30.79 (1) (a) is no longer necessary. See s. 30.50 (4u) as created in this bill.

AB514, s. 358 Section 358. 30.79 (1) (b) 1. and 2. of the statutes are amended to read:

AB514,128,14 30.79 (1) (b) 1. A unit within an existing municipal law enforcement agency or a separate municipal agency, created by a municipality or by a number of municipalities riparian to a single body of water for the purpose of enforcing ss. 30.50 to 30.80 and any rules promulgated and ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and for the purpose of conducting search and rescue operations.

AB514,128,18 2. A unit created by a public inland lake protection and rehabilitation district, by a lake sanitary district or by a number of one or more local governmental units riparian to a single lake, at least one of which is a lake district or a lake sanitary district, for the purposes specified in subd. 1.

AB514, s. 359 Section 359. 30.79 (2), (3) and (4) of the statutes are amended to read:

AB514,129,2 30.79 (2) State aid. In order to protect public rights in navigable waters and to promote public health, safety, and welfare and the prudent and equitable use of the navigable waters of the state, a system of state aids for local enforcement of ss. 30.50 to 30.80 and ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and for conducting search and rescue operations is established.

AB514,129,8 (3) Enforcement powers. Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50 to 30.80 or any rules promulgated or ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.

AB514,129,22 (4) Jurisdiction. Upon petition by any local governmental unit or group of local governmental units operating or intending to operate a water safety patrol unit, the department shall, if it finds that it is in the interest of efficient and effective enforcement to do so, by rule define the waters which may be patrolled by the unit, including waters lying within the territorial jurisdiction of some other town city, village, or city town if the town city, village, or city town consents to the patrol of its waters. Such consent is not required if the petitioner is a local governmental unit containing a population of 5,000 or more, bordering upon the waters to be affected by the rule in counties having a population of less than 500,000. Officers patrolling the waters as part of the water safety patrol unit shall have the powers of sheriff in enforcing ss. 30.50 to 30.80, or rules promulgated or ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and in conducting search and rescue operations, on any of the waters so defined, whether or not the waters are within the jurisdiction of the local governmental unit for other purposes.

Note: Section 30.5005 (1) (b), as created by this bill, states the general authority of DNR to promulgate rules under this subchapter. The specific reference to DNR rule-making authority is repealed.

AB514, s. 360 Section 360. 30.80 (2) of the statutes is amended to read:

AB514,130,4 30.80 (2) Any person violating s. 30.68 (2) shall be fined not more than $200 or imprisoned for not more than 6 months or both. Any person violating s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

Note: The stricken language duplicates s. 30.80 (2m).

AB514, s. 361 Section 361. 30.80 (3) of the statutes is amended to read:

AB514,130,9 30.80 (3) Any person violating s. 30.71 or any rule promulgated under that section shall forfeit not more than $100 for the first offense and shall forfeit not more than $200 upon conviction of the same offense a 2nd or subsequent time within one year.

AB514, s. 362 Section 362. 30.80 (4) of the statutes is amended to read:

AB514,130,14 30.80 (4) Any person violating any provision of s. 30.72 or the rules promulgated under s. 30.72 shall forfeit not more than $100 for the first offense and shall forfeit not more than $200 upon conviction of the same offense a 2nd or subsequent time within one year.

Note: Section 30.5005 (1) (b), as created by this bill, states the general authority of DNR to promulgate rules under this subchapter. The specific reference to DNR rule-making authority in s. 30.80 (3) and (4) is deleted.

AB514, s. 363 Section 363. 30.81 (1) (intro.) of the statutes is repealed and recreated to read:

AB514,130,20 30.81 (1) Local regulation authorized. (intro.) A local governmental unit that has authority to enact an ordinance under s. 30.77 (4) may, after public hearing, enact an ordinance that is not inconsistent with this chapter, relative to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland waters.

AB514, s. 364 Section 364. 30.81 (1m) and (2) of the statutes are repealed.

AB514, s. 365 Section 365. 30.81 (3) of the statutes is amended to read:

AB514,131,6 30.81 (3) Liability of local government. All traffic on icebound, inland waters shall be at the risk of the traveler. An ordinance by any municipality or any public inland lake protection and rehabilitation district that is enacted under this section permitting traffic on icebound inland waters shall not render the municipality or lake district local governmental unit enacting the ordinance liable for any accident to those engaged in permitted traffic while the ordinance is in effect.

AB514, s. 366 Section 366. 30.81 (4) of the statutes is amended to read:

AB514,131,12 30.81 (4) Enforcement. A law enforcement officer of a town, village or city local governmental unit that is subject to enacts an ordinance enacted under sub. (1) or (1m) has the powers of sheriff in enforcing the ordinance on any portion of the lake waters, whether or not that portion of the lake waters is within the jurisdiction of the town, village or city local governmental unit for other purposes.

Note: The amendments to s. 30.81 expand the scope of local regulation of icebound waters, so that any local governmental unit that has jurisdiction and current authority to enact local ordinances under s. 30.77 may also enact ordinances for icebound waters. This authority applies to the same waters that may be regulated by the local governmental unit under s. 30.77. Although s. 30.77 is used to define the scope of local authority to regulate icebound waters, it should be noted that the procedures in s. 30.77 do not apply to these ordinances.

AB514, s. 367 Section 367. 30.90 (1) of the statutes is amended to read:

AB514,131,16 30.90 (1) As long as Lake Lions Lake in the town of Alban, Portage County, continues to be used as a recreational area for the physically handicapped, all of the following shall apply:

AB514,131,20 (a) Neither the county or town may provide, nor shall any subdivider be required or permitted to provide, public access to Lake Lions Lake, if the public access will in any way interfere with the use of the lake as a recreational area for the physically handicapped.

AB514,132,2 (b) The department may stock Lake Lions Lake with fish, any provision in ch. 29 to the contrary notwithstanding.

AB514, s. 368 Section 368. 30.90 (2) of the statutes is amended to read:

AB514,132,7 30.90 (2) The town board of the town of Alban shall have jurisdiction over Lake Lions Lake and may enact and enforce any ordinances necessary to prevent any deterioration of the waters of Lake Lions Lake or any nuisances that would adversely affect the public health or safety of the people.

AB514, s. 369 Section 369. Subchapter VI (title) of chapter 30 [precedes 30.95] of the statutes is created to read:

AB514,132,10 CHAPTER 30

AB514,132,12 SUBCHAPTER VI Enforcement; penalties

AB514, s. 370 Section 370. 30.96 (title) of the statutes is created to read:

AB514,132,14 30.96 (title) Infringement of public rights.

AB514, s. 371 Section 371. 30.98 (title) of the statutes is created to read:

AB514,132,16 30.98 (title) Penalties.

AB514, s. 372 Section 372. 30.98 (3) (title) of the statutes is created to read:

AB514,132,18 30.98 (3) (title) Violation of permit, contract, or order.

AB514, s. 373 Section 373. 31.03 of the statutes is amended to read:

AB514,132,25 31.03 Permits for the Lower Wisconsin State Riverway. For activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15), no person obtaining the department shall include a condition in a permit issued under this chapter that the person obtaining the permit may not start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under s. 30.44 or 30.445.

AB514, s. 374 Section 374. 31.93 of the statutes is created to read:

AB514,133,5 31.93 Enforcement of forfeitures. The district attorney of the appropriate county or, at the request of the department, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter.

AB514, s. 375 Section 375. 33.475 of the statutes is amended to read:

AB514,133,12 33.475 Boating fees. Notwithstanding the prohibition in s. 30.77 (1) against ordinances and local regulations that exclude any boat from the free use of the waters of the state (2), and in addition to the powers granted the county under ss. 30.77 (3) (e) (5) (f) 5. to 7. and 59.54 (2), the county may charge boat operators reasonable fees for the costs of providing other recreational boating services not specified in ss. 30.77 (3) (e) (5) (f) 5. to 7. and 59.54 (2).

AB514, s. 376 Section 376. 60.782 (1m) of the statutes is created to read:

AB514,133,16 60.782 (1m) For purposes of this section, a town sanitary district shall determine footage of shoreline by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

AB514, s. 377 Section 377. 60.782 (2) (d) of the statutes is amended to read:

AB514,133,20 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 30.359 (4).

AB514, s. 378 Section 378. 200.35 (4) of the statutes is amended to read:

AB514,134,3 200.35 (4) Delivery of deeds; DNR department of natural resources permits. Upon application of the commission the proper officers of this state shall execute, acknowledge, and deliver to the proper officers of the district any deed or other instrument as that may be proper for the purpose of fully confirming the grants under subs. (2) and (3). Notwithstanding s. 30.05 30.233, the district may not commence an action under sub. (2) or (3) without obtaining all of the necessary permits from the department of natural resources under ch. 30.

AB514, s. 379 Section 379. 236.16 (3) (d) (intro.) of the statutes is amended to read:

AB514,134,16 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may petition the city, village, town, or county that owns the public access to construct shoreline erosion control measures. Subject to par. (e), the city, village, town, or county shall construct the requested shoreline erosion control measures or request the department of natural resources to determine the need for shoreline erosion control measures. Upon receipt of a request under this paragraph from a city, village, town, or county, the department of natural resources shall follow the procedures in s. 30.02 (3) and (4) 30.245, treating the request for a determination as a permit application. Subject to par. (e), the city, village, town or county shall construct shoreline erosion control measures as required by the department of natural resources if the department of natural resources determines all of the following:

AB514, s. 380 Section 380. 281.35 (4) (b) (intro.) of the statutes is amended to read:

AB514,134,22 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 281.17 (1), or 281.41 for a new permit or approval or a modification of its existing permit or approval if either of the following conditions applies:

AB514, s. 381 Section 381. 293.65 (2) (b) of the statutes is amended to read:

AB514,135,4 293.65 (2) (b) The department, upon receipt of an application for a permit, shall determine the minimum stream flow or lake level necessary to protect public rights, the minimum flow or level necessary to protect the rights of affected riparians riparian owners, the point downstream beyond which riparian rights are not likely to be injured by the proposed diversion, and the amount of surplus water, as defined in s. 30.01 (6d), if any, at the point of the proposed diversion.

AB514, s. 382 Section 382. 299.05 (1) and (2) (a) of the statutes are amended to read:

AB514,135,14 299.05 (1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a permit, license, or approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27, subch. II of ch. 30, except ss. 30.221 and 30.223; chs. 280 to 292; or subch. II of ch. 295 and that is of a type specified in the rule if the department fails to make a determination on the application within the time limit specified in the rule for that type of permit, license or approval. The rules under this subsection do not apply to an applicant for a license or other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).

AB514,135,16 (2) (a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27 subch. II of ch. 30, except ss. 30.221 and 30.223.

AB514, s. 383 Section 383. 709.03 (form) C. 27. of the statutes is renumbered 709.03 (form) C. 28.

AB514, s. 384 Section 384. 709.03 (form) C. 27. of the statutes is created to read:

AB514,135,20 709.03 (form) - See PDF for table

Note: This adds a provision to the seller's disclosure form for residential real estate transactions.

AB514, s. 385 Section 385. Nonstatutory provisions.

AB514,136,7 (1) Advisory committee; rules on navigability. The department of natural resources shall appoint an advisory committee under section 227.13 of the statutes to advise and assist the department with respect to the promulgation of rules under section 30.04 (2) of the statutes, as created by this act. The department shall appoint members to the advisory committee who collectively possess a wide range of knowledge, experience, and interest in the navigable waters of this state.

AB514,136,12 (2) Report on drainage of agricultural land. The department of agriculture, trade and consumer protection and the department of natural resources shall prepare a joint report on the drainage of agricultural land, with particular emphasis on the drainage that occurs in organized drainage districts. The report shall describe all of the following:

AB514,136,14 (a) A summary of the history of each department's involvement with the supervision of and assistance to those involved in the drainage of land.

AB514,136,16 (b) The current statutory authority and responsibilities of each department with respect to the drainage of land.

AB514,136,18 (c) The current efforts of each department to carry out its authority and responsibility.

AB514,136,21 (d) The efforts of the departments to cooperate with each other with respect to the drainage of land, and the potential for increasing the level of cooperation between the departments.

AB514,136,23 (e) Any areas of disagreement between the departments regarding the authorities and responsibilities of each.

AB514, s. 386 Section 386. Cross-reference changes. In the sections of the statutes listed in Column A, the cross-references shown in Column B are changed to the cross-references shown in column C: - See PDF for table

AB514, s. 387 Section 387. Initial applicability.

AB514,140,21 (1) The repeal of sections 30.12 (3) (d), 30.12 (4) (title), 30.12 (5), 30.123 (5), 30.18 (3) (title) and (a) (title), 1. and 2., 30.18 (3) (a) 4., 30.18 (3) (b), 30.18 (9), 30.19 (1m) (c) and (d), 30.19 (2) (intro.) and (a) to (d), 30.19 (2) (f), 30.19 (3) (title), 30.19 (3) (b), and 30.195 (4) and (7) of the statutes; the renumbering of sections 30.12 (3) (bt) 1. to 8., 30.12 (3) (bt) 9., 30.12 (4) (d), 30.18 (6) (d) (title), and 30.18 (8) of the statutes; the renumbering and amendment of sections 30.12 (3) (bt) (intro.), 30.12 (4) (a), 30.12 (4) (b), 30.12 (4) (c), 30.12 (4) (e), 30.12 (4) (f), 30.12 (4m), 30.123 (1), 30.18 (3) (a) 3., 30.18 (4) (a), 30.18 (6) (b), 30.18 (6) (c), 30.18 (6) (d), 30.19 (1) (intro.), 30.19 (1) (a), 30.19 (1) (b), 30.19 (1) (c), 30.19 (2) (e), 30.19 (3) (a), 30.19 (4), 30.195 (3), 30.196, 30.20 (1) (b), 30.20 (1) (d), 30.20 (2) (c), 30.206, and 30.207 of the statutes; the amendment of sections 30.12 (title), 30.12 (1) (intro.), 30.12 (1) (a), 30.12 (1) (b), 30.12 (3) (a) 6., 30.12 (3) (bn), 30.12 (3) (c), 30.123 (2), 30.123 (4), 30.135 (1) (a) (intro.) and 2., 30.135 (2) (a) and (4), 30.18 (2) (a) (intro.), 30.18 (2) (b), 30.18 (4) (b), 30.18 (5) (a) (intro.), 30.18 (5) (a) 1., 30.18 (5) (a) 2., 30.18 (5) (b), 30.18 (6) (title), 30.18 (6) (a), 30.18 (6m) (a) (intro.), 30.18 (6m) (a) 1. and 2., 30.18 (6m) (b), 30.18 (6m) (c), 30.18 (7), 30.19 (1m) (intro.), 30.19 (1m) (a), 30.19 (1m) (b), 30.19 (1m) (e), 30.19 (5), 30.195 (1), 30.20 (1) (a), and 30.20 (2) (title), (a) and (b) of the statutes; the repeal and recreation of sections 30.12 (2), 30.12 (3) (a) (intro.), 30.12 (3) (b), 30.123 (title), 30.123 (3), 30.18 (4) (title), 30.18 (5) (title), 30.18 (6m) (title), 30.195 (2), 30.20 (1) (title), and 30.20 (1) (c) of the statutes; and the creation of sections 30.12 (3) (a) 9., 30.12 (3) (am), 30.12 (3) (bg), 30.12 (3) (br), 30.123 (6), 30.135 (1) (title), 30.18 (1) (intro.), 30.18 (1) (b), 30.18 (3m) (intro.), 30.18 (3m) (b), 30.18 (4) (a) 1., 30.18 (5) (a) 1m., 30.18 (6) (cm) 3., 30.19 (1b), 30.19 (1m) (f), 30.19 (3b) (intro.), 30.19 (4) (a), 30.20 (1) (b) 1. and 2., 30.20 (3) (title) and (b), and 30.20 (4) of the statutes first apply to permits applied for on the effective date of this subsection.

AB514,140,25 (2) The treatment of section 30.20 (1) (title), (a), (b) 1. and 2., (c), and (d), (2) (title), (a), (b), and (c), (3) (title) and (b), and (4) of the statutes and the renumbering and amendment of section 30.20 (1) (b) of the statutes first apply to contracts applied for on the effective date of this subsection.

AB514,141,3 (3) The treatment of section 30.77 of the statutes first applies to an ordinance relating to the regulation of boating that is enacted or adopted on the effective date of this subsection.

Note: This provision relates to the applicability of amended s. 30.77 to preexisting boating ordinances. The general rule established above is that amended s. 30.77 applies prospectively only. That is, only local boating ordinances enacted after the effective date of the legislation are subject to the amended statute. This allows preexisting ordinances to be judged, in any challenge, by the statutory standards in place when the ordinance was adopted, and does not raise doubts about the authority for preexisting ordinances.

However, if a preexisting ordinance is amended after the effective date of this legislation, this provision makes the newly amended statute applicable to the entirety of the ordinance enacted before the effective date of the legislation. This avoids the confusion that would potentially result if preexisting portions of a boating ordinance were subject to the prior statute, and new or amended portions of the boating ordinance were subject to the amended statute. This does not mean that any portion of a preexisting ordinance must necessarily be amended when any portion of the ordinance is being amended or any new provision is being added to the ordinance. What it means is that a local governmental unit should review the preexisting ordinance in light of the amended statute, to determine if additional changes are necessary.

For the most part, the special committee believes that changes to preexisting ordinances will not be necessary. Most of the requirements in s. 30.77, as amended, are simply restatements and extensions of current statutory requirements.

AB514,141,4 (End)