OC7 SB1: Bill Text

SB1,444,15 (a) A net license issued under s. 29.523.

SB1,444,16 (b) A trammel net license issued under s. 29.529.

SB1,444,17 (c) A set or bank pole license issued under s. 29.531.

SB1,444,18 (d) A setline license issued under s. 29.533.

SB1,444,20 (2) No person may take shovelnose sturgeon or shovelnose sturgeon eggs unless the person holds a permit from the department under this section.

SB1,444,24 (3) A person who is required to hold an annual shovelnose sturgeon permit shall report to the department, on forms available from the department, on or before the 10th day of each month, the number of pounds of shovelnose sturgeon eggs harvested during the preceding calendar month.

SB1,445,2 (4) The department shall deposit receipts from the sale of permits under this section in the conservation fund.

SB1, s. 716 Section 716. 29.563 (7) (c) 5g. of the statutes is created to read:

SB1,445,4 29.563 (7) (c) 5g. Shovelnose sturgeon permit: $50.

SB1, s. 717g Section 717g. 30.133 (1) of the statutes is amended to read:

SB1,445,12 30.133 (1) (a) Beginning on April 9, 1994, and except as provided in s. 30.1355, no owner of riparian land that abuts a navigable water may convey, by grant by an easement or by a similar conveyance, any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water.

SB1, s. 717r Section 717r. 30.1335 of the statutes is created to read:

SB1,445,14 30.1335 Marina condominiums. (1) Definitions. In this section:

SB1,445,16 (a) "Boat docking facility" means a pier, wharf, boat slip, or multi-boat-slip facility.

SB1,445,17 (b) "Common element" has the meaning given in s. 703.02 (2).

SB1,445,18 (c) "Condominium" has the meaning given in s. 703.02 (4).

SB1,445,19 (d) "Condominium unit" has the meaning given for "unit" in s. 703.02 (15).

SB1,445,20 (e) "Declarant" has the meaning given in s. 703.02 (7).

SB1,445,21 (f) "Declaration" has the meaning given in s. 703.02 (8).

SB1,445,23 (h) "Dwelling" means a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others.

SB1,445,24 (i) "Limited common element" has the meaning given in s. 703.02 (10).

SB1,446,3 (j) "Marina condominium" means a condominium in which the common elements, limited common elements, or condominium units consist of or include boat docking facilities and to which either or both of the following apply:

SB1,446,4 1. One or more of the boat docking facilities is not appurtenant to a dwelling.

SB1,446,5 2. None of the condominium units are dwellings.

SB1,446,10 (2) Prohibition. No owner of riparian land may create a marina condominium on the riparian land on or after June 1, 2007. Any declaration for a marina condominium that is recorded on or after June 1, 2007, is invalid and establishes ownership of the riparian land as a tenancy in common that is held by the owners of the marina condominium units.

SB1,446,14 (3) Existing marina condominiums. (a) Notwithstanding sub. (2), a declaration that creates or purports to create a marina condominium and that is recorded before June 1, 2007, shall be effective in creating the marina condominium regardless of subsequent activity affecting the declaration.

SB1,446,20 (b) If a marina condominium as described par. (a) contains more than 300 boat slips, the declarant shall make at least 40 percent of the total number of boat slips in the marina condominium available for rent or for transient use by the public. When the declarant conveys title to, or another interest in, a condominium unit that is affected by this restriction on use, the declarant shall include a statement of the restriction in the instrument of conveyance.

SB1,447,8 (4) Validity of permits. (a) For a marina that is converted into a marina condominium, if the owner of the marina is issued a permit or other authorization under this subchapter to place, maintain, or use a boat docking facility before the date that a declaration was recorded converting the marina into a marina condominium, the permit or authorization shall be deemed to satisfy the requirements of this subchapter and may not be rescinded or modified by the department or a municipality or by court or administrative order if the grounds for the rescission or modification are based on the fact that the marina has been converted to a marina condominium. The permit or authorization shall remain in effect regardless of any subsequent activity affecting the declaration. This paragraph does not apply to any permit or authorization that is issued after the date that the declaration was recorded converting the marina into a marina condominium.

SB1,447,17 (b) For a marina condominium that was not previously a marina, if the owner of a marina condominium is issued a permit or other authorization under this subchapter to place, maintain, or use a boat docking facility, the permit or authorization shall be deemed to satisfy the requirements of this subchapter and may not be rescinded or modified by the department or a municipality or by court or administrative order if the grounds for the rescission or modification are based on the fact that the boat docking facility is part of a marina condominium as opposed to a marina. The permit or authorization shall remain in effect regardless of any subsequent activity affecting the declaration.

SB1,447,20 (5) Increase in size or number. An amendment or modification of a declaration as described under sub. (3) (a) may not increase the size of the boat docking facility or the size or the number of boat slips in a boat docking facility.

SB1,447,22 (6) Subsequent activity affecting a declaration. For purposes of this section, subsequent activity affecting the declaration consists of any of the following:

SB1,447,24 (a) Any amendment, modification or restatement of declaration by court or administrative order or by agreement of all of the owners of the condominium units.

SB1,448,3 (b) Any determination by court or administrative order that the declaration is void or voidable or that the condominium units in the condominium are not intended for any type of independent use.

SB1,448,7 (7) Department enforcement. Notwithstanding sub. (4), the department retains the authority to enforce the terms and conditions of a permit or other authorization except to the extent that such terms and conditions relate to the form of ownership of a boat docking facility.

SB1, s. 717v Section 717v. 30.203 (2) (d) of the statutes is created to read:

SB1,448,12 30.203 (2) (d) In Lake Poygan within an area that consists of the W-1/2 of Sec. 36, T. 20 N., R. 14 E.; the NW-1/4 of Sec. 1, T. 19 N., R. 14 E.; the E-1/2 of Sec. 33, all of Sec. 34, and the W-1/2 of Sec. 35, T. 20 N., R. 14 E.; and the N-1/2 of Sec. 4, T. 19 N., R. 14 E.

SB1, s. 718b Section 718b. 30.24 (4) of the statutes is amended to read:

SB1,448,16 30.24 (4) Limit on grants. A Except as provided in s. 23.096 (2m), a grant awarded under this section or under s. 23.096 to protect bluffs may not exceed 50% of the acquisition costs.

SB1, s. 718m Section 718m. 30.255 of the statutes is created to read:

SB1,448,22 30.255 Florence Wild Rivers Interpretive Center. Beginning with fiscal year 2007-08, the department shall provide a grant in the amount of $27,000 in each fiscal year to the Florence Wild Rivers Interpretive Center to be used for park and recreation uses, forestry education, and tourist information provided by the center and for its operational costs.

SB1, s. 719b Section 719b. 30.277 (5) of the statutes is amended to read:

SB1,449,5 30.277 (5) Contribution by governmental unit Matching contributions. To Except as provided in s. 23.096 (2m), to be eligible for a grant under this section, at least 50% of the acquisition costs for land or of the project costs shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under s. 20.370 or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty) or (tz).

SB1, s. 720 Section 720. 30.52 (3) (b) of the statutes is amended to read:

SB1,449,8 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 $16.50 $19.

SB1, s. 721 Section 721. 30.52 (3) (c) of the statutes is amended to read:

SB1,449,12 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 $24 $28.

SB1, s. 722 Section 722. 30.52 (3) (d) of the statutes is amended to read:

SB1,449,16 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 $45 $52.

SB1, s. 723 Section 723. 30.52 (3) (e) of the statutes is amended to read:

SB1,449,19 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 $75 $86.

SB1, s. 724 Section 724. 30.52 (3) (f) of the statutes is amended to read:

SB1,449,23 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 $15 $17.

SB1, s. 725 Section 725. 30.52 (3) (fm) of the statutes is amended to read:

SB1,450,3 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 $9.75 $11.

SB1, s. 726 Section 726. 30.74 (1) (b) of the statutes is amended to read:

SB1,450,13 30.74 (1) (b) The department by rule shall set the instruction fee for the course. A person conducting a course or giving instruction under this subsection shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the person may retain to defray expenses incurred by the person in conducting the course or giving the instruction. The person shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department by rule shall set the fee for the course shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB1, s. 726b Section 726b. 35.001 (3) of the statutes is repealed.

SB1, s. 726d Section 726d. 35.05 (4) of the statutes is amended to read:

SB1,450,22 35.05 (4) When legislative proposals, legislative publications or other printing is required for the legislature, including revision or correction bills for the revisor of statutes legislative reference bureau, bills or reports for the joint legislative council or legislative proposals of members intended for introduction by them, such printing may be ordered by the chief clerk of either house or by other authorized persons during any session of the legislature or recess thereof, pursuant to such regulations as either house shall establish.

SB1, s. 726f Section 726f. 35.15 (1) (b) of the statutes is amended to read:

SB1,451,2 35.15 (1) (b) The volume shall contain all acts enacted during such session, all important joint resolutions of the session, and an alphabetical index to the volume prepared by the legislative reference bureau in consultation with the revisor of statutes.

SB1, s. 726h Section 726h. 35.17 of the statutes is amended to read:

SB1,451,10 35.17 Correcting typographical errors. In enrolling under s. 13.92 (1) (b) 3. and for publishing under ss. 35.095, 35.15 and 35.35 (1) (a) the legislative reference bureau shall correct obvious typographical errors. No such correction shall be deemed an alteration of the enrolled copy. Like corrections shall be made by the revisor legislative reference bureau in printing the Wisconsin statutes and administrative code. On questions of orthography the current edition of Webster's new international dictionary shall be taken as the standard.

SB1, s. 726j Section 726j. 35.18 (1), (2) and (3) of the statutes are amended to read:

SB1,451,17 35.18 (1) Publication. Biennially the revisor legislative reference bureau shall prepare and deliver to the department printer's copy for the Wisconsin statutes, which shall contain all the general statutes in force, all important joint resolutions adopted since the last preceding general session, an alphabetical index, and such other matter as the revisor bureau deems desirable and practicable. The department shall determine how many copies shall be printed.

SB1,452,2 (2) Revisor's Legislative reference bureau certificate. After making the necessary comparison, the revisor chief of the legislative reference bureau shall annex, at the end of one copy of each newly printed statute, which shall be filed in the office of the secretary of state as a public record, the revisor's a certificate certifying that the revisor bureau has compared each printed section therein with the original section of the statutes, or, as the case may be, with the original section contained in the enrolled act from which the section was derived, together with all amendments of such original section, if any, and that all the sections appear to be correctly printed. All other copies shall contain a printed copy of such certificate.

SB1,452,12 (3) Numbers and titles of chapters and sections. All chapters and sections of Wisconsin statutes shall retain their present numbers and titles until changed by the revisor legislative reference bureau or by statute. Each section shall be designated by a mixed, decimal number, the whole number corresponding to the chapter and the decimal to the section's place in the chapter. The numbers and titles of chapters and sections shall be printed in boldface type. Each subsection shall be designated by a number, or by a number and a letter of the alphabet, enclosed in parentheses. Each paragraph shall be designated by a letter or letters enclosed in parentheses. Each subdivision shall be designated by a number or by a number and a letter. Each paragraph of a subdivision shall be designated by a letter or letters.

SB1, s. 726L Section 726L. 35.20 of the statutes is amended to read:

SB1,452,21 35.20 Wisconsin Town Law Forms. With each issue of Wisconsin statutes, under the supervision of the revisor legislative reference bureau, an edition will be printed as directed by the department for distribution by the department to all town clerks, of a volume to be designated "Wisconsin Town Law Forms" containing suitable forms for use in the administration of laws relating to: common schools; the county board; the powers, duties and liabilities of towns, town officers and the assessment of taxes; highways, bridges and drainage districts; and such other forms as the revisor legislative reference bureau determines desirable and practicable.

SB1, s. 726n Section 726n. 35.23 of the statutes is amended to read:

SB1,453,2 35.23 Wisconsin Annotations. The revisor legislative reference bureau shall prepare such annotations as will keep the volume known as "Wisconsin Annotations," up to date, and to print such continuations in each biennial issue of the Wisconsin statutes.

SB1, s. 726p Section 726p. 35.50 (2) of the statutes is amended to read:

SB1,453,13 35.50 (2) Unless otherwise required by law, each edition of the Blue Book and the reports specified in ss. 35.26 and 35.27, and reprints thereof, shall be substantially the same in printing and binding as the previous edition of the same publication. Unless otherwise determined by the chief of the legislative reference bureau, each edition of the Laws of Wisconsin shall be substantially the same in format, printing, and binding as the previous edition of the same publication. Unless otherwise determined by the revisor of statutes legislative reference bureau, each edition of the statutes and the Wisconsin administrative code and register shall be substantially the same in format, printing, and binding as the previous edition of the same publication.

SB1, s. 726r Section 726r. 35.56 (1) (a) of the statutes is amended to read:

SB1,453,19 35.56 (1) (a) As a basis for printing of the statutes and the Wisconsin administrative code and register, the department shall, before advertising for bids and after consultation with the revisor legislative reference bureau, establish base prices for 2-year periods and establish specifications subject to approval by the revisor legislative reference bureau for 2-year periods.

SB1, s. 726t Section 726t. 35.56 (5) of the statutes is amended to read:

SB1,453,23 35.56 (5) Notwithstanding subs. (1), (3) and (4), the revisor of statutes legislative reference bureau shall approve specifications and production schedules for the printing and binding of the Wisconsin statutes.

SB1, s. 727 Section 727. 35.86 (1) of the statutes is amended to read:

SB1,454,13 35.86 (1) The director of the historical society may procure the exchange of public documents produced by federal, state, county, local, and other agencies as may be desirable to maintain or enlarge its historical, literary, and statistical collections, and may make such distributions of public documents, with or without exchange, as may accord with interstate or international comity. The state law librarian shall procure so many of such exchanges as the state law librarian is authorized by law to make, and the department of health and family services, department of children and families, commission of banking, department of public instruction, legislative reference bureau, and the legislative council staff, may procure by exchange such documents from other states and countries as may be needed for use in their respective offices. Any other state agency wishing to initiate a formal exchange program in accordance with this section may do so by submitting a formal application to the department and by otherwise complying with this section.

SB1, s. 727c Section 727c. 35.91 (1) of the statutes is amended to read:

SB1,454,20 35.91 (1) The latest edition of the Wisconsin statutes shall be sold at a reasonable price, calculated to the nearest dollar, to be fixed as determined by the department, based on cost plus 75% of the revisor's expenditures under s. 20.765 (3) (a) during the preceding biennium. The department may sell noncurrent editions of the Wisconsin statutes and Wisconsin annotations at reduced prices to be fixed by it.

SB1, s. 727g Section 727g. 35.93 (1) of the statutes is amended to read:

SB1,455,10 35.93 (1) The Wisconsin administrative code and register shall be published using the format and method of printing and binding determined by the revisor legislative reference bureau. The notice section of the register and new rules filed by an agency whose rules have not been compiled and printed pursuant to this section may be duplicated in some other form than printing if the department and revisor legislative reference bureau determine that it is administratively feasible to do so. The printing or other duplicating shall be performed or contracted by the department. The department may purchase and sell suitable binders for the code or parts thereof at a price not exceeding cost. The revisor legislative reference bureau shall supervise the arrangement of materials in the Wisconsin administrative code and register, including the numbering of pages and sections. No part of the Wisconsin administrative code or register may be printed until the revisor legislative reference bureau has approved the arrangement of materials and numbering of sections therein.

SB1, s. 727j Section 727j. 35.93 (3) of the statutes is amended to read:

SB1,455,25 35.93 (3) The revisor legislative reference bureau shall compile and deliver to the department for printing copy for a register which shall contain all the rules filed since the compilation of rules for the preceding issue of the register was made and those executive orders which are to be in effect for more than 90 days or an informative summary thereof. The complete register shall be compiled and published before the first day of each month and a notice section of the register shall be compiled and published before the 15th day of each month. Each issue of the register shall contain a title page with the name "Wisconsin administrative register", the number and date of the register, and a table of contents. Each page of the register shall also contain the date and number of the register of which it is a part in addition to the other necessary code titles and page numbers. The revisor legislative reference bureau may include in the register such instructions or information as in the revisor's bureau's judgment will help the user to correctly make insertions and deletions in the code and to keep the code current.

SB1, s. 727m Section 727m. 35.93 (4) of the statutes is amended to read:

SB1,456,11 35.93 (4) Each issue of the Wisconsin administrative register shall contain a notice section in which shall be printed the notices of hearings on rule making which agencies have transmitted to the revisor legislative reference bureau for that purpose, statements of scope of proposed rules under s. 227.135, notices of submittal to joint the legislative council staff under s. 227.14 (4m), notices of intent to promulgate rules without a public hearing under s. 227.16 (2) (e), notices of referrals of proposed rules to presiding officers under s. 227.19 (2), notices of emergency rules in effect, fiscal estimates for rule-making orders under s. 227.14 (4) and such other notices as may be required by law or determined by the revisor legislative reference bureau to be appropriate.

SB1, s. 727p Section 727p. 35.93 (6) of the statutes is amended to read:

SB1,456,19 35.93 (6) The department shall sell the code, issues of the register or parts of either of them at a price to be determined by it, which shall include the proportionate cost per copy of preparation and manufacturing as determined by the revisor of statutes legislative reference bureau, and the cost of sale and distribution specified in s. 35.80. State employee personnel costs shall be excluded from preparation costs. The department may establish the price of the code or of the register or parts thereof on an annual basis.