AB500,111,84
30.79
(2) State aid. In order to protect public rights in navigable waters and
5to promote public health, safety
, and welfare and the prudent and equitable use of
6the navigable waters of the state, a system of state aids for local enforcement of ss.
730.50 to 30.80 and ordinances enacted under
ss. 30.50 to 30.80 s. 30.77 and for
8conducting search and rescue operations is established.
AB500,111,14
9(3) Enforcement powers. Officers patrolling the waters as part of a water
10safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50
11to 30.80 or
any rules promulgated or ordinances enacted under
ss. 30.50 to 30.80 s.
1230.77 and for conducting search and rescue operations, if the officers have reasonable
13cause to believe there is a violation of the sections
, rules or ordinances or the stopping
14and boarding of any boat is essential to conduct a search and rescue operation.
AB500,112,3
15(4) Jurisdiction. Upon petition by any local governmental unit or group of local
16governmental units operating or intending to operate a water safety patrol unit, the
17department shall, if it finds that it is in the interest of efficient and effective
18enforcement to do so, by rule define the waters which may be patrolled by the unit,
19including waters lying within the territorial jurisdiction of some other
town city,
20village
, or
city town if the
town city, village
, or
city town consents to the patrol of its
21waters. Such consent is not required if the petitioner is a local governmental unit
22containing a population of 5,000 or more, bordering upon the waters to be affected
23by the rule in counties having a population of less than 500,000. Officers patrolling
24the waters as part of the water safety patrol unit shall have the powers of sheriff in
25enforcing ss. 30.50 to 30.80, or
rules promulgated or ordinances enacted under
ss.
130.50 to 30.80 s. 30.77 and in conducting search and rescue operations, on any of the
2waters so defined, whether or not the waters are within the jurisdiction of the local
3governmental 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rule-making authority is repealed.
AB500, s. 336
4Section
336. 30.80 (2) of the statutes is amended to read:
AB500,112,85
30.80
(2) Any person violating s. 30.68 (2) shall be fined not more than $200
6or imprisoned
for not more than 6 months or both.
Any person violating s. 30.68 shall
7be required to obtain a certificate of satisfactory completion of a safety course under
8s. 30.74 (1).
Note: The stricken language duplicates s. 30.80 (2m).
AB500, s. 337
9Section
337. 30.80 (3) of the statutes is amended to read:
AB500,112,1310
30.80
(3) Any person violating s. 30.71
or any rule promulgated under that
11section shall forfeit not more than $100 for the first offense and shall forfeit not more
12than $200 upon conviction of the same offense a 2nd or subsequent time within one
13year.
AB500, s. 338
14Section
338. 30.80 (4) of the statutes is amended to read:
AB500,112,1815
30.80
(4) Any person violating any provision of s. 30.72
or the rules
16promulgated under s. 30.72 shall forfeit not more than $100 for the first offense and
17shall forfeit not more than $200 upon conviction of the same offense a 2nd or
18subsequent 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.
AB500, s. 339
19Section
339. 30.81 (1) of the statutes is repealed and recreated to read:
AB500,113,320
30.81
(1) Local regulation authorized. A local governmental unit that has
21authority to enact an ordinance under s. 30.77 (4) may, after public hearing, enact
1an ordinance that is not inconsistent with this chapter, relative to the use or
2operation of boats and other craft, including snowmobiles and other motor vehicles,
3on icebound inland waters.
AB500, s. 340
4Section
340. 30.81 (1m) and (2) of the statutes are repealed.
AB500, s. 341
5Section
341. 30.81 (3) of the statutes is amended to read:
AB500,113,116
30.81
(3) Liability of local government. All traffic on icebound, inland waters
7shall be at the risk of the traveler. An ordinance
by any municipality or any public
8inland lake protection and rehabilitation district that is enacted under this section
9permitting traffic on icebound inland waters shall not render the
municipality or
10lake district local governmental unit enacting the ordinance liable for any accident
11to those engaged in permitted traffic while the ordinance is in effect.
AB500, s. 342
12Section
342. 30.81 (4) of the statutes is amended to read:
AB500,113,1713
30.81
(4) Enforcement. A law enforcement officer of a
town, village or city local
14governmental unit that
is subject to enacts an ordinance
enacted under sub. (1)
or
15(1m) has the powers of sheriff in enforcing the ordinance on any portion of the
lake 16waters, whether or not that portion of the
lake waters is within the jurisdiction of the
17town, 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.
AB500, s. 343
18Section
343. 30.90 (title) of the statutes is amended to read:
AB500,113,19
1930.90 (title)
Public access to Lake Lions Lake.
AB500, s. 344
20Section
344. 30.90 (1) of the statutes is amended to read:
AB500,114,3
130.90
(1) As long as
Lake Lions
Lake in the town of Alban, Portage County,
2continues to be used as a recreational area for the physically handicapped, all of the
3following shall apply:
AB500,114,74
(a) Neither the county or town may provide, nor shall any subdivider be
5required or permitted to provide, public access to
Lake Lions
Lake, if the public
6access will in any way interfere with the use of the lake as a recreational area for the
7physically handicapped.
AB500,114,98
(b) The department may stock
Lake Lions
Lake with fish, any provision in ch.
929 to the contrary notwithstanding.
AB500, s. 345
10Section
345. 30.90 (2) of the statutes is amended to read:
AB500,114,1411
30.90
(2) The town board of the town of Alban shall have jurisdiction over
Lake 12Lions
Lake and may enact and enforce any ordinances necessary to prevent any
13deterioration of the waters of
Lake Lions
Lake or any nuisances that would adversely
14affect the
public health or safety
of the people.
AB500, s. 346
15Section
346. Subchapter VI (title) of chapter 30 [precedes 30.94] of the
16statutes is created to read:
AB500,114,1717
CHAPTER 30
AB500,114,1918
SUBCHAPTER VI
19
Enforcement; penalties
AB500, s. 347
20Section
347. 30.96 (title) of the statutes is created to read:
AB500,114,21
2130.96 (title)
Infringement of public rights.
AB500, s. 348
22Section
348. 30.98 (title) of the statutes is created to read:
AB500,114,23
2330.98 (title)
Penalties.
AB500, s. 349
24Section
349. 30.98 (3) (title) of the statutes is created to read:
AB500,114,2525
30.98
(3) (title)
Violation of permit, contract, or order.
AB500, s. 350
1Section
350. 31.03 of the statutes is amended to read:
AB500,115,7
231.03 Permits for the Lower Wisconsin State Riverway. For activities in
3the Lower Wisconsin State Riverway, as defined in s. 30.40 (15),
no person obtaining 4the department shall include a condition in a permit
issued under this chapter
that
5the person obtaining the permit may
not start or engage in the activity for which the
6permit was issued unless the person obtains any permit that is required for the
7activity under s. 30.44 or 30.445.
AB500, s. 351
8Section
351. 31.93 of the statutes is created to read:
AB500,115,12
931.93 Enforcement of forfeitures. The district attorney of the appropriate
10county or, at the request of the department, the attorney general shall institute
11proceedings to recover any forfeiture imposed or to abate any nuisance committed
12under this chapter.
AB500, s. 352
13Section
352. 33.475 of the statutes is amended to read:
AB500,115,19
1433.475 Boating fees. Notwithstanding the prohibition in s. 30.77
(1) against
15ordinances and local regulations that exclude any boat from the free use of the waters
16of the state (2), and in addition to the powers granted the county under ss. 30.77
(3)
17(e) (5) (f) 5. to 7. and 59.54 (2), the county may charge boat operators reasonable fees
18for the costs of providing other recreational boating services not specified in ss. 30.77
19(3) (e) (5) (f) 5. to 7. and 59.54 (2).
AB500, s. 353
20Section
353. 60.782 (1m) of the statutes is created to read:
AB500,115,2321
60.782
(1m) For purposes of this section, a town sanitary district shall
22determine footage of shoreline by use of a map wheel on the U.S. geological survey
237 1/2 minute series map.
AB500, s. 354
24Section
354. 60.782 (2) (d) of the statutes is amended to read:
AB500,116,3
160.782
(2) (d) Lease or acquire, including by condemnation, any real property
2situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
3or
30.275 30.359 (4).
AB500, s. 355
4Section
355. 200.35 (4) of the statutes is amended to read:
AB500,116,115
200.35
(4) Delivery of deeds; DNR department of natural resources permits. 6Upon application of the commission the proper officers of this state shall execute,
7acknowledge
, and deliver to the proper officers of the district any deed or other
8instrument
as that may be proper for the purpose of fully confirming the grants
9under subs. (2) and (3). Notwithstanding s.
30.05
30.233, the district may not
10commence an action under sub. (2) or (3) without obtaining all of the necessary
11permits from the department of natural resources under ch. 30.
AB500, s. 356
12Section
356. 236.16 (3) (d) (intro.) of the statutes is amended to read:
AB500,116,2413
236.16
(3) (d) (intro.) All of the owners of all of the land adjacent to a public
14access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may
15petition the city, village, town or county that owns the public access to construct
16shoreline erosion control measures. Subject to par. (e), the city, village, town or
17county shall construct the requested shoreline erosion control measures or request
18the department of natural resources to determine the need for shoreline erosion
19control measures. Upon receipt of a request under this paragraph from a city, village,
20town or county, the department of natural resources shall follow the notice and
21hearing procedures in s.
30.208 30.244 (3) to (5). Subject to par. (e), the city, village,
22town or county shall construct shoreline erosion control measures as required by the
23department of natural resources if the department of natural resources determines
24all of the following:
AB500, s. 357
25Section
357. 281.35 (4) (b) (intro.) of the statutes is amended to read:
AB500,117,5
1281.35
(4) (b) (intro.) Before any person specified in par. (a) may begin a new
2withdrawal or increase the amount of an existing withdrawal, the person shall apply
3to the department under s. 30.18,
281.17(1), 281.34, or 281.41 for a new
permit or 4approval or a modification of its existing
permit or approval if either of the following
5conditions applies:
AB500, s. 358
6Section
358. 293.65 (2) (b) of the statutes is amended to read:
AB500,117,127
293.65
(2) (b) The department, upon receipt of an application for a permit, shall
8determine the minimum stream flow or lake level necessary to protect public rights,
9the minimum flow or level necessary to protect the rights of affected
riparians 10riparian owners, the point downstream beyond which riparian rights are not likely
11to be injured by the proposed diversion
, and the amount of surplus water,
as defined
12in s. 30.01 (6d), if any, at the point of the proposed diversion.
AB500, s. 359
13Section
359. 299.05 (1) of the statutes is amended to read:
AB500,117,2214
299.05
(1) The department shall promulgate rules under which the
15department refunds fees paid by an applicant for a
permit, license
, or approval that
16is issued under
ss. 30.10 to 30.205 or 30.21 to 30.27,
subch. II of ch. 30, except ss.
1730.221 and 30.223; chs. 280 to 292
; or subch. II of ch. 295 and that is of a type specified
18in the rule if the department fails to make a determination on the application within
19the time limit specified in the rule for that type of
permit, license or approval. The
20rules under this subsection do not apply to an applicant for a license or other approval
21related to mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18),
22or nonmetallic mining, as defined in s. 295.11 (3).
AB500, s. 360
23Section
360. 299.05 (2) (a) of the statutes is amended to read:
AB500,117,2524
299.05
(2) (a) Permits, contracts, and other approvals under
ss. 30.10 to 30.205
25and 30.21 to 30.27 subch. II of ch. 30, except ss. 30.221 and 30.223.
AB500, s. 361
1Section
361. 299.85 (7) (a) 2. of the statutes is amended to read:
AB500,118,152
299.85
(7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
3in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
429.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b),
30.298 (1), (2), and
5(3) 30.381 (1), (2), (3) (a), (4) (a), (5), (6), and (7), 30.49 (1) (a) and (c), 31.23 (2), 281.75
6(19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87
7(1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1)
8and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 299.15
9(4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated
10entity that qualifies under sub. (2) for participation in the Environmental
11Improvement Program corrects violations that it discloses in a report that meets the
12requirements of sub. (3) within 90 days after the department receives the report that
13meets the requirements of sub. (3), the regulated entity may not be required to forfeit
14more than $500 for each violation, regardless of the number of days during which the
15violation continues.
AB500, s. 362
16Section
362. 299.85 (7) (a) 4. of the statutes is amended to read:
AB500,119,317
299.85
(7) (a) 4. Notwithstanding minimum or maximum forfeitures specified
18in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
1929.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b),
30.298 (1), (2), and
20(3) 30.381 (1), (2), (3) (a), (4) (a), (5), (6), and (7), 30.49 (1) (a) and (c), 31.23 (2), 281.75
21(19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87
22(1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1)
23and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 299.15
24(4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if the department
25approves a compliance schedule under sub. (6) and the regulated entity corrects the
1violations according to the compliance schedule, the regulated entity may not be
2required to forfeit more than $500 for each violation, regardless of the number of days
3during which the violation continues.
AB500, s. 363
4Section
363. 709.03 (form) C. 27. of the statutes is renumbered 709.03 (form)
5C. 28.
AB500, s. 364
6Section
364. 709.03 (form) C. 27. of the statutes is created to read:
Note: This adds a provision to the seller's disclosure form for residential real estate
transactions.
AB500,119,149
(1)
Advisory committee; rules on navigability. The department of natural
10resources shall appoint an advisory committee under section 227.13 of the statutes
11to advise and assist the department with respect to the promulgation of rules under
12section 30.04 (2) of the statutes, as created by this act. The department shall appoint
13members to the advisory committee who collectively possess a wide range of
14knowledge, experience, and interest in the navigable waters of this state.
AB500,119,1915
(2)
Report on drainage of agricultural land. The department of agriculture,
16trade and consumer protection and the department of natural resources shall
17prepare a joint report on the drainage of agricultural land, with particular emphasis
18on the drainage that occurs in organized drainage districts. The report shall describe
19all of the following:
AB500,120,2
1(a) A summary of the history of each department's involvement with the
2supervision of and assistance to those involved in the drainage of land.
AB500,120,43
(b) The current statutory authority and responsibilities of each department
4with respect to the drainage of land.
AB500,120,65
(c) The current efforts of each department to carry out its authority and
6responsibility.
AB500,120,97
(d) The efforts of the departments to cooperate with each other with respect to
8the drainage of land, and the potential for increasing the level of cooperation between
9the departments.
AB500,120,1110
(e) Any areas of disagreement between the departments regarding the
11authorities and responsibilities of each.
AB500, s. 366
12Section
366.
Cross-reference changes. In the sections of the statutes
13listed in Column A, the cross-references shown in Column B are changed to the
14cross-references shown in column C:
-
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AB500,123,42
(1) The treatment of section 30.77 of the statutes first applies to an ordinance
3relating to the regulation of boating that is enacted or adopted on the effective date
4of 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.