AB500: Bill Text

Note: The repealed provision relates to parties to a violation. An identical provision that applies to ch. 30 in its entirety already exists in s. 30.99.

AB500, s. 205 Section 205. 30.294 of the statutes is renumbered 30.94.

AB500, s. 206 Section 206. 30.298 (title) of the statutes is repealed.

AB500, s. 207 Section 207. 30.298 (1) of the statutes is renumbered 30.381 (1) and amended to read:

AB500,53,6 30.381 (1) General penalty. Any person who violates any provision of ss. 30.12 to 30.21 30.095, 30.123, 30.135 to 30.20, 30.217, 30.223, 30.266, 30.276 to 30.293, 30.313, 30.355, or 30.85 for which a penalty is not provided under the applicable section or by sub. (2) or (3) subs. (2) to (7) shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.

AB500, s. 208 Section 208. 30.298 (2) of the statutes is renumbered 30.381 (6).

AB500, s. 209 Section 209. 30.298 (3) of the statutes is renumbered 30.381 (7) and amended to read:

AB500,53,13 30.381 (7) General permits. Any person who violates a general permit under s. 30.206 30.221 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.

AB500, s. 210 Section 210. 30.298 (4) of the statutes is renumbered 30.98 (3) and amended to read:

AB500,53,18 30.98 (3) A violation of a permit, contract, or order issued under this chapter, or a violation of a condition or term under the permit, contract, or order, is a violation of the statute under which the permit, contract, or order was issued.

AB500, s. 211 Section 211. 30.298 (5) of the statutes is renumbered 30.381 (8) and amended to read:

AB500,54,2 30.381 (8) Additional orders. In addition to the any forfeitures specified under subs. (1) to (3), (6), and (7), the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest in navigable waters. The court may order abatement of a nuisance, restoration of a natural resource, or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.

AB500, s. 212 Section 212. Subchapter III (title) of chapter 30 [precedes 30.299] of the statutes is renumbered subchapter IV (title) of chapter 30 [precedes 30.4909].

AB500, s. 213 Section 213. 30.30 of the statutes is renumbered 30.491, and 30.491 (5) and (7), as renumbered, are amended to read:

AB500,54,11 30.491 (5) Acquisition of land. Acquire such lands or interests therein as it deems necessary for properly carrying out its powers under this chapter subchapter, including such lands outside the municipal limits as are necessary to protect its property or to carry out its powers under sub. (3). Such acquisition may be by condemnation proceedings.

AB500,54,16 (7) Doing of work. Contract for the doing of the work authorized by this section or purchase the necessary equipment for the doing of the work itself, but if the municipality has established a board of harbor commissioners such board shall have charge of the letting of contracts and shall supervise the doing of the work, except as provided in ss. 30.31 30.492 (1) and 30.32 30.493 (2).

AB500, s. 214 Section 214. 30.31 of the statutes is renumbered 30.492, and 30.492 (1), (4) and (6), as renumbered, are amended to read:

AB500,55,4 30.492 (1) Supervision of work. In exercising the powers granted by s. 30.30 30.491 (1) to (3), a municipality shall be governed by the law governing the laying out, improvement, and repair of streets and bridges in such municipality, so far as applicable, except that no petition of property owners for doing any such work is necessary. If the municipality has established a board of harbor commissioners, such board shall be in charge of the work unless the board determines that it is not equipped to supervise the work and by resolution delegates such function to the agency which ordinarily performs such function for the municipality. If the municipality does not have a board of harbor commissioners, the municipality's board of public works or, in the event there is no such board, the municipality's governing body shall be in charge of the work.

AB500,55,10 (4) Acquisition of land. In acquiring land by condemnation for any of the purposes specified in this chapter subchapter, a municipality shall be governed by the law relating to condemnation of land for public grounds or street purposes. Whenever land is acquired through a land contract arrangement, such contract may create a lien on such lands for the purchase price and interest thereon but shall not create any liability therefor on the part of the municipality.

AB500,55,24 (6) Special assessments. Special assessments for benefits to lands, when authorized by s. 30.30 30.491 (4), shall be made and enforced as provided by s. 66.0703, except that at any time within the 90-day period immediately following the publication of the final resolution as required by s. 66.0703 (8) (d), the owner of any property along which such improvement is to be made may elect to make the improvement along the owner's property at the owner's expense in accordance with the approved plans and specifications or in a manner which conforms to good engineering practice and which provides for materials and designs which, with respect to strength and permanence, are at least equal to the requirements of the approved plans and specifications. If the owner makes the improvement at the owner's expense, no assessment of benefits shall be made therefor. If such owner fails to commence the work within the 90-day period specified herein or fails to carry on and complete the work with due diligence, the work may be done or completed by the municipality and assessment of benefits made therefor.

AB500, s. 215 Section 215. 30.32 of the statutes is renumbered 30.493.

AB500, s. 216 Section 216. 30.323 (title) of the statutes is created to read:

AB500,56,2 30.323 (title) Pierhead lines.

AB500, s. 217 Section 217. 30.327 (title) of the statutes is created to read:

AB500,56,4 30.327 (title) Municipal duty to report violations.

AB500, s. 218 Section 218. 30.33 of the statutes is renumbered 30.494.

AB500, s. 219 Section 219. 30.34 of the statutes is renumbered 30.495, and 30.495 (1), (2), (3) (a) and (4), as renumbered, are amended to read:

AB500,56,13 30.495 (1) Harbor fund to be created. All municipalities operating a public harbor through a board of harbor commissioners shall establish in the municipal treasury a revolving fund to be known as the "harbor fund". Moneys for such fund may be raised by appropriation from the general fund or by taxation or loan as other moneys in the general fund are raised. Moneys in such fund may be expended only as provided in s. 30.38 30.498 (13).

AB500,57,2 (2) Financing dock walls and shore protection walls. A municipality may pay either or both the assessable and nonaccessible parts of the cost of the construction, maintenance, or repair of any dock wall or shore protection wall, authorized by s. 30.30 30.491 (3), out of its general fund or other available funds, or it may finance such work through the issuance of its negotiable bonds as provided in ch. 67, except that it is not necessary to include such bonds in the municipal budget or to submit the question of their issuance to a referendum vote of the electors. The bonds shall be serial bonds, shall be payable at any time within 10 years, and shall bear interest payable either annually or semiannually as the governing body determines. The bonds shall be a direct obligation of the municipality and the full faith and credit of the municipality shall be pledged for their payment. No such bonds shall be issued unless at or before the time of their issuance the governing body levies a direct annual tax sufficient to pay the principal and interest thereon as they fall due.

AB500,57,9 (3) (a) Any municipality may, with the consent of its board of harbor commissioners, finance the cost of acquisition, construction, alteration , or repair of any harbor facility by issuing evidences of indebtedness payable only out of the revenue obtained from the public harbor facilities. Such evidences of indebtedness may be revenue bonds, refunding bonds, or bond anticipation notes issued under s. 30.35 30.496 or 66.1103 or may be pledges or assignments of net profits, issued pursuant to s. 66.0621 (5) as if the harbor facility were a public utility.

AB500,57,15 (4) Emergency repair fund. Any municipality having established a board of harbor commissioners to operate its harbor facilities may create a contingent fund for the purpose of permitting the secretary of the board to pay for repairs to harbor facilities which constitute emergency repairs within the meaning of s. 30.32 30.493 (4). The secretary may pay for such repairs out of such fund on the secretary's signature alone.

AB500, s. 220 Section 220. 30.341 (1) of the statutes is created to read:

AB500,57,18 30.341 (1) In this section, "inland waters" has the meaning given in s. 29.001 (45).

AB500, s. 221 Section 221. 30.343 (title) of the statutes is created to read:

AB500,57,20 30.343 (title) Activities of board of commissioners of public lands.

AB500, s. 222 Section 222. 30.35 of the statutes is renumbered 30.496, and 30.496 (6), as renumbered, is amended to read:

AB500,58,8 30.496 (6) Bondholders and noteholders have lien. Title to all of the harbor facilities for which revenue bonds, refunding bonds, or bond anticipation notes are issued remains in the municipality, but a statutory lien exists in favor of the bondholders and noteholders against the facilities which have been acquired, constructed, altered, or remodeled and the cost of which has been financed with funds obtained through the issuance of such bonds and notes. To provide further security for the bondholders and noteholders, the ordinance or resolution authorizing the issuance of revenue bonds, refunding bonds, or bond anticipation notes may provide for a pledge of the revenues of the facilities, including, if the facilities are leased under sub. (6) this subsection, an assignment of all or part of the municipality's rights as lessor.

AB500, s. 223 Section 223. 30.37 of the statutes is renumbered 30.497, and 30.497 (6) and (7), as renumbered, are amended to read:

AB500,58,21 30.497 (6) Effect of revision on existing harbor boards. Boards of harbor commissioners, harbor commissions, or dock and harbor boards in existence on January 1, 1960, are deemed to be valid boards of harbor commissioners as if created pursuant to this section and are vested with all of the powers and duties conferred upon boards of harbor commissioners by this chapter subchapter. The members of such boards may continue to hold office until their terms expire, notwithstanding any provision of this section which would otherwise disqualify them, but appointments made after January 1, 1960, shall be made only in accordance with this section. Nothing in this subsection is intended to prevent a municipality by resolution from abolishing its board of harbor commissioners, harbor commission, or dock and harbor board.

AB500,59,4 (7) Milwaukee County. Milwaukee County, with respect to the land ceded or granted to Milwaukee County as described in 1997 Wisconsin Act 70, section 3, may directly exercise all of the powers and perform all of the duties conferred on a board of harbor commissioners under ss. 30.34, 30.35 and 30.38 30.495, 30.496, and 30.498, but Milwaukee County may not create a board of harbor commissioners if sub. (1) (b) applies. Milwaukee County shall have exclusive jurisdiction over the operation, administration, maintenance, improvement, alteration, and repair of any marina facility or marina related anchorage located on this land.

AB500, s. 224 Section 224. 30.38 of the statutes is renumbered 30.498, and 30.498 (3) and (13) (a) and (b), as renumbered, are amended to read:

AB500,59,11 30.498 (3) Contract procedures. In the letting of work relative to the construction, repair, or maintenance of a harbor or harbor facility or in the purchase of equipment, supplies, or materials relative to carrying out its powers and duties, a board of harbor commissioners shall be governed by the procedures and requirements set forth in s. 30.32 30.493.

AB500,59,19 (13) (a) All moneys appropriated to a board of harbor commissioners, all revenues derived from the operation of the public harbor except in the case of a joint harbor revenue from joint improvements before division thereof, and all other revenues of the board shall be paid into the municipal treasury and credited to the harbor fund, except that revenues assigned or pledged under s. 30.35 30.496 (6) or 66.1103 shall be paid into the fund or funds provided for in the ordinance or resolution authorizing the issuance of the bonds and shall be applied in accordance with that ordinance or resolution.

AB500,60,8 (b) Subject to the limitations and conditions otherwise expressed in this section and to a budget approved by the municipal governing body, moneys in the harbor fund may be used for the acquisition, construction, improvement, repair, maintenance, operation, and administration of the public harbor and harbor facilities and for the acquisition, chartering, and operation of vessels under sub. (8) (b) 3. Except as provided in s. 30.34 30.495 (4), such moneys shall be paid out of the harbor fund only on orders signed by the president and secretary of the board, or some other official authorized by the board, after the allowance of claims by the board or on orders entered in the minutes of the board. Disbursements from the harbor fund shall be audited as other municipal disbursements are audited; however, the board may determine on some other procedure it deems appropriate for the consideration of claims and the reporting thereof notwithstanding the provisions of this paragraph. If a procedure other than that set forth in this paragraph is prescribed by the board, the approval of the chief auditing officer shall be obtained.

AB500, s. 225 Section 225. 30.381 (title) of the statutes is created to read:

AB500,60,10 30.381 (title) Subchapter penalties.

AB500, s. 226 Section 226. 30.381 (3) (title) of the statutes is created to read:

AB500,60,12 30.381 (3) (title) Fishing rafts.

AB500, s. 227 Section 227. 30.381 (4) (title) of the statutes is created to read:

AB500,60,14 30.381 (4) (title) Structures and deposits.

AB500, s. 228 Section 228. 30.381 (4) (b) of the statutes is created to read:

AB500,60,19 30.381 (4) (b) Any person who, after having been found under this subsection to have violated s. 30.12, violates s. 30.12 shall be fined not more than $1,000 or imprisoned for not more than 6 months or both if the present offense occurs within 5 years after a finding under par. (a) or a conviction under this paragraph.

Note: The criminal penalty in current law for violating s. 30.12 permit requirements is the only criminal penalty in subch. II. This provision modifies the criminal penalty so that it applies to repeat violations. The current civil penalty (forfeiture) in s. 30.15 (1) (d), renumbered in this bill, continues to apply to any violations of s. 30.12.

AB500, s. 229 Section 229. 30.381 (5) of the statutes is created to read:

AB500,61,3 30.381 (5) Wharves, piers, and swimming rafts. Any person who constructs or places a wharf, pier, or swimming raft in navigable waters in violation of s. 30.13 shall forfeit not less than $100 nor more than $500 for each offense. Each day during which a wharf, pier, or swimming rafts exists in violation of s. 30.13 is a separate offense.

AB500, s. 230 Section 230. 30.381 (6) (title) of the statutes is created to read:

AB500,61,5 30.381 (6) (title) Diversions of water; changing of stream courses.

AB500, s. 231 Section 231. Subchapter IV (title) of chapter 30 [precedes 30.40] of the statutes is renumbered subchapter III (title) of chapter 30 [precedes 30.40].

AB500, s. 232 Section 232. 30.50 (1b) of the statutes is created to read:

AB500,61,11 30.50 (1b) "Aids to navigation" means buoys, beacons, and other fixed objects in the water that are used to mark obstructions to navigation or to direct navigation through safe channels.

Note: This definition is moved here from current s. 30.74 (2) (b).

AB500, s. 233 Section 233. 30.50 (2) of the statutes is renumbered 30.01 (1bm) and amended to read:

AB500,61,16 30.01 (1bm) "Boat" or "vessel" means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water and a fishing raft.

Note: The definition of "boat" and "vessel" are relocated to the definitions applicable to the entire chapter.

AB500, s. 234 Section 234. 30.50 (4q) of the statutes is amended to read:

AB500,61,22 30.50 (4q) "Lake sanitary district" means a town sanitary district that has within its boundaries at least 60% of the footage of shoreline of a public inland lake, as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation district is not in effect. The footage of shoreline shall be measured by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

Note: The current statutes provide for the determination of shoreline footage in s. 30.105. Section 30.105 is replicated in the 3 statutes where measurement of shoreline footage is specified.

AB500, s. 235 Section 235. 30.50 (4u) of the statutes is created to read:

AB500,62,3 30.50 (4u) "Local governmental unit" means a city, village, town, county, town sanitary district, or public inland lake protection and rehabilitation district.

AB500, s. 236 Section 236. 30.50 (9) of the statutes is amended to read:

AB500,62,7 30.50 (9) "Owner" Except as provided in s. 30.605, "owner" means the person who has lawful possession of a boat by virtue of legal title or equitable interest therein which entitles the person to lawful possession.

AB500, s. 237 Section 237. 30.50 (9b) of the statutes is created to read:

AB500,62,12 30.50 (9b) "Patrol boat" means a boat authorized by this state or by a local governmental unit for the purpose of law enforcement, search and rescue, fire fighting, emergency response, or water safety operations, including a water safety patrol unit.

Note: "Patrol boat" is defined here and used consistently in subch. V in statutes related to the equipment and operation of such boats.

AB500, s. 238 Section 238. 30.50 (10g) of the statutes is created to read:

AB500,62,17 30.50 (10g) "Regulatory marker" means any anchored or fixed marker in the water or anchored platform on the surface of the water, other than aids to navigation, and includes a swimming area marker, speed zone marker, information marker, mooring buoy, fishing buoy, and restricted activity area marker.

Note: This definition is moved here from current s. 30.74 (2) (b).

AB500, s. 239 Section 239. 30.50 (13r) of the statutes is created to read:

AB500,62,21 30.50 (13r) "Water skiing or a similar activity" means any activity in which a person is towed in the water behind or alongside of a boat, including barefoot skiing, aquaplaning, kneeboarding, or being towed on an inflatable device.

Note: This clarifies the use of the term "water skiing or a similar activity". The list of activities after "including" is not meant to be exclusive. This definition is intended to apply to other similar activities that are currently enjoyed on the water, or that may be developed and introduced in the future.

AB500, s. 240 Section 240. 30.5005 of the statutes is created to read:

AB500,63,5 30.5005 Department duties and powers. (1) Federal law. The department shall submit proposed legislation to the legislature in the manner provided under s. 13.172 (2) in order to conform the requirements under ss. 30.50 to 30.71 with federal statutes and regulations.

Note: This provision directs the department to suggest new legislation to keep statutory boat registration, equipment and operation requirements in conformity with federal regulations. Current statutes specifically requiring conformity with federal regulations [ss. 30.501 (8), 30.505, 30.61 (9), 30.62 (9) and 30.67 (2) (a)] are amended or repealed. The special committee does not intend by this new procedure to withdraw the statutory authority for any rules promulgated by the DNR that adopt federal statutes or regulations, whether wholly or in part.

AB500,63,8 (2) Rules; generally. The department may promulgate rules under this subchapter. Any reference to a provision of this subchapter includes any rule promulgated under that provision.

Note: The first sentence of sub. (2), above, restates the authority of the DNR to promulgate rules. This bill eliminates various statutes that grant permissive rule-making authority in subch. V. The 2nd sentence in sub. (2), above, eliminates the need for several instances of the phrase in the form, "this section, or rules promulgated under this section", and applies that principle to all rules promulgated under subch. V. In addition, it should be noted that DNR has emergency rule-making authority under s. 227.24.

AB500, s. 241 Section 241. 30.501 (8) of the statutes is repealed.

Note: Current s. 30.501 (8) authorizes the DNR to promulgate rules regarding boat capacity plates, and requires the rules to conform with appropriate federal regulations. This provision is repealed for several reasons. First, the authorization to promulgate regulations is stated generally for all of subch. V in new s. 30.5005 (1) (b). Second, it is not necessary to state that the rules must comply with federal regulations. Third, if there is an issue regarding the consistency of statutes with federal regulations, that is a matter for the legislature, and not for DNR rules.

AB500, s. 242 Section 242. 30.501 (9) of the statutes is amended to read:

AB500,64,2 30.501 (9) This section applies to vessels manufactured after January 1, 1966 and prior to November 1, 1972. All vessels manufactured on or after November 1, 1972, shall comply with appropriate federal regulations and the capacity information shall be displayed as required.