AB75,458,1713
29.2295
(4) (b) 2. An amount calculated by multiplying the number of resident
14and nonresident sports licenses issued during the preceding
fiscal year by issuing
15agents other than the band at locations within the reservation by the amount of the
16fee for an annual fishing license, including the portion of the issuing fee for an annual
17fishing license that the department receives.
AB75, s. 691
18Section
691. 29.2295 (4) (c) 1. of the statutes is amended to read:
AB75,458,2119
29.2295
(4) (c) 1.
The Subject to subd. 2., the department shall make the
20payments payment under
this subsection par. (a) from the appropriation under s.
2120.370 (9) (hk).
AB75, s. 692
22Section
692. 29.2295 (4) (c) 2. of the statutes is repealed and recreated to read:
AB75,459,223
29.2295
(4) (c) 2. If the amount calculated under par. (b) for a fiscal year exceeds
24the amount appropriated under s. 20.370 (9) (hk) for that fiscal year, the department
1shall make a payment from the appropriation under s. 20.370 (9) (ht) to the band that
2equals the difference between the 2 amounts.
AB75, s. 693
3Section
693. 29.2295 (4m) of the statutes is repealed.
AB75, s. 694
4Section
694. 29.2295 (5) (b) of the statutes is amended to read:
AB75,459,75
29.2295
(5) (b) A requirement that the fees collected and retained by the band
6under sub. (3)
and the payments received under sub. (4) be used only for fishery
7management within the reservation.
AB75, s. 695
8Section
695. 29.563 (14) (a) 1. of the statutes is amended to read:
AB75,459,149
29.563
(14) (a) 1. The processing fee for applications for approvals under the
10cumulative preference systems for the hunter's choice deer hunting permit, bonus
11deer hunting permit, wild turkey hunting license, Class A bear license, Canada goose
12hunting permit, sharp-tailed grouse hunting permit,
bobcat hunting and trapping
13permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit:
14$2.75.
AB75, s. 696
15Section
696. 29.563 (14) (a) 1m. of the statutes is created to read:
AB75,459,1716
29.563
(14) (a) 1m. The processing fee for applications for bobcat hunting and
17trapping permits: $5.75.
AB75, s. 697
18Section
697. 29.563 (14) (a) 3. of the statutes is amended to read:
AB75,459,2019
29.563
(14) (a) 3. The processing fee for applications for elk hunting licenses:
20$2.75 $9.75.
AB75, s. 698
21Section
698. 29.889 (7) (b) 1. of the statutes is amended to read:
AB75,459,2322
29.889
(7) (b) 1. If the amount of the claim is
$250 $500 or less, the claimant
23will receive no payment.
AB75, s. 699
24Section
699. 29.889 (7) (b) 2. of the statutes is amended to read:
AB75,460,3
129.889
(7) (b) 2. If the amount of claim is more than
$250 $500 but not more
2than $5,250, the claimant will be paid 100% of the amount of the claim that exceeds
3$250 $500.
AB75, s. 700
4Section
700. 29.889 (7) (b) 4. of the statutes is amended to read:
AB75,460,65
29.889
(7) (b) 4. The total amount paid to a claimant under this paragraph may
6not exceed
$15,000 $10,000 for each claim.
AB75, s. 701
7Section
701. 29.99 (1) of the statutes is amended to read:
AB75,460,108
29.99
(1) If a court imposes a fine or forfeiture for a violation of a provision of
9this chapter or an order issued under this chapter, the court shall impose a wildlife
10violator compact surcharge under ch. 814 equal to
$5
$20 for the violation.
AB75, s. 702
11Section
702. 30.29 (3) (b) of the statutes is amended to read:
AB75,460,1312
30.29
(3) (b)
Agriculture activities. A person operating a motor vehicle while
13the person is engaged in agricultural use, as defined under s. 91.01
(1) (2).
AB75, s. 703
14Section
703. 30.52 (3) (b) of the statutes is amended to read:
AB75,460,1615
30.52
(3) (b)
Fee for boats under 16 feet. The fee for the issuance or renewal of
16a certificate of number for a boat less than 16 feet in length is
$19 $25.
AB75, s. 704
17Section
704. 30.52 (3) (c) of the statutes is amended to read:
AB75,460,2018
30.52
(3) (c)
Fee for boats 16 feet or more but less than 26 feet. The fee for the
19issuance or renewal of a certificate of number for a boat 16 feet or more but less than
2026 feet in length is
$28 $35.
AB75, s. 705
21Section
705. 30.52 (3) (d) of the statutes is amended to read:
AB75,460,2422
30.52
(3) (d)
Fee for boats 26 feet or more but less than 40 feet. The fee for the
23issuance or renewal of a certificate of number for a boat 26 feet or more but less than
2440 feet in length is
$52 $62.
AB75, s. 706
25Section
706. 30.52 (3) (e) of the statutes is amended to read:
AB75,461,2
130.52
(3) (e)
Fee for boats 40 feet or longer. The fee for the issuance or renewal
2of a certificate of number for a boat 40 feet or more in length is
$86 $99.
AB75, s. 707
3Section
707. 31.19 (1) of the statutes is renumbered 31.19 (1m) and amended
4to read:
AB75,461,65
31.19
(1m) Determination of dam size. For the purposes of this section, a dam
6is considered to be a large dam if
either of the following applies:
AB75,461,87
(a) It has a structural height of 25 feet or more and impounds more than 15
8acre-feet of water
; or.
AB75,461,109
(b) It has a structural height of more than 6 feet and impounds
more than 50
10acre-feet
or more of water.
AB75, s. 708
11Section
708. 31.19 (1g) of the statutes is created to read:
AB75,461,1212
31.19
(1g) Definitions. In this section:
AB75,461,1413
(a) "High hazard dam" means a large dam the failure of which would probably
14cause loss of human life.
AB75,461,1615
(b) "Low hazard dam" means a large dam the failure of which would probably
16not cause significant property damage or loss of human life.
AB75,461,1917
(c) "Significant hazard dam" means a large dam the failure of which would
18probably cause significant property damage but would probably not cause loss of
19human life.
AB75, s. 709
20Section
709. 31.19 (2) (title) of the statutes is amended to read:
AB75,461,2121
31.19
(2) (title)
Decennial
Large dam inspection.
AB75, s. 710
22Section
710. 31.19 (2) (a) of the statutes is amended to read:
AB75,462,223
31.19
(2) (a)
Requirement
Inspection by the department. Except as provided
24under par. (b), at least once every 10 years the department shall conduct a detailed
1inspection of each
high hazard dam
which is maintained or operated in or across
2navigable waters and each significant hazard dam.
AB75, s. 711
3Section
711. 31.19 (2) (ag) of the statutes is created to read:
AB75,462,64
31.19
(2) (ag)
Owner responsibility. 1. Owners of each high hazard dam, each
5significant hazard dam, and each low hazard dam shall engage a professional
6engineer registered under s. 443.04 to inspect the dam as specified in this paragraph.
AB75,462,117
2. An owner of a high hazard dam shall cause the dam to be inspected at least
84 times between each inspection conducted by the department under par. (a). An
9owner of a significant hazard dam shall cause the dam to be inspected at least 2 times
10between each inspection conducted by the department under par. (a). An owner of
11a low hazard dam shall cause the dam to be inspected at least once every 10 years.
AB75,462,1612
3. The owner of a dam required to be inspected under this paragraph shall
13submit to the department, no later than 90 days after the date of the inspection, a
14report of the results of the inspection. The report shall include information on any
15deficiencies in the dam, recommendations for addressing those deficiencies, and
16recommendations on improving the safety and structural integrity of the dam.
AB75, s. 712
17Section
712. 31.19 (2) (ar) of the statutes is created to read:
AB75,462,2018
31.19
(2) (ar)
Dam classification. The department shall classify each dam in
19this state as a high hazard, significant hazard, or low hazard dam for the purpose of
20this section.
AB75, s. 713
21Section
713. 31.385 (1b) (intro.) and (a) of the statutes are consolidated,
22renumbered 31.385 (1b) and amended to read:
AB75,462,2523
31.385
(1b) In this section
: (a) "Dam "dam safety project" means the
24maintenance, repair, modification, abandonment or removal of a dam to increase its
25safety or any other activity that will increase the safety of a dam.
AB75, s. 714
1Section
714. 31.385 (1b) (b) of the statutes is repealed.
AB75, s. 715
2Section
715. 31.385 (1m) (b) of the statutes is amended to read:
AB75,463,33
31.385
(1m) (b) To private owners for the removal of
small dams.
AB75, s. 716
4Section
716. 31.385 (2) (a) 2. of the statutes is amended to read:
AB75,463,65
31.385
(2) (a) 2. A project to remove
an abandoned a dam shall not be subject
6to the 50% cost limit under subd. 1.
AB75, s. 717
7Section
717. 31.385 (2) (a) 3. of the statutes is amended to read:
AB75,463,98
31.385
(2) (a) 3. Financial assistance is limited to no more than
$200,000 9$400,000 for each dam safety project.
AB75, s. 718
10Section
718. 31.385 (2) (ag) of the statutes is amended to read:
AB75,463,1311
31.385
(2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL)
and (tx),
12at least $250,000 shall be used for projects to remove
small dams. A project to remove
13a
small dam may include restoring the stream or river that was dammed.
AB75, s. 719
14Section
719. 31.385 (2) (ar) of the statutes is amended to read:
AB75,463,1815
31.385
(2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL)
and (tx),
16at least $100,000 shall be used for the removal of abandoned dams.
The amounts
17required to be used under this paragraph are in addition to the amounts required to
18be used for the removal of dams under par. (ag).
AB75, s. 720
19Section
720. 31.385 (4) of the statutes is repealed.
AB75, s. 721
20Section
721. 31.385 (5) of the statutes is amended to read:
AB75,464,421
31.385
(5) Notwithstanding the limitations under sub. (2) (a) and the funding
22allocation requirements under sub. (2) (ag) and (ar), the department shall provide
23financial assistance to the village of Cazenovia in the amount necessary for a dam
24safety project to repair a dam that is located in the portion of the village that is in
25Richland County. The amount of the financial assistance may not exceed $250,000.
1The village need not contribute to the repair costs, and sub. (2) (c) does not apply to
2this dam safety project.
The repair of this dam need not be included as a dam safety
3project under the inventory maintained by the department under sub. (4) for the
4village to receive financial assistance under this section.
AB75, s. 722
5Section
722. 32.02 (11) of the statutes is amended to read:
AB75,464,106
32.02
(11) Any housing authority created under ss. 66.1201 to 66.1211;
7redevelopment authority created under s. 66.1333
; community development
8authority created under s. 66.1335; local cultural arts district created under subch.
9V of ch. 229, subject to s. 229.844 (4) (c);
or local exposition district created under
10subch. II of ch. 229
; or transit authority created under s. 66.1039.
AB75, s. 723
11Section
723. 32.035 (1) (b) of the statutes is amended to read:
AB75,464,1612
32.035
(1) (b) "Farm operation" means any activity conducted solely or
13primarily for the production of one or more agricultural commodities resulting from
14an agricultural use, as defined in s. 91.01
(1) (2), for sale and home use, and
15customarily producing the commodities in sufficient quantity to be capable of
16contributing materially to the operator's support.
AB75, s. 724
17Section
724. 32.05 (1) (a) of the statutes is amended to read:
AB75,465,1318
32.05
(1) (a) Except as provided under par. (b), a county board of supervisors
19or a county highway committee when so authorized by the county board of
20supervisors, a city council, a village board, a town board, a sewerage commission
21governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
22the secretary of transportation, a commission created by contract under s. 66.0301,
23a joint local water authority created by contract under s. 66.0823,
a transit authority
24created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local
25exposition district created under subch. II of ch. 229, a local cultural arts district
1created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
2community development authority under s. 66.1335 shall make an order providing
3for the laying out, relocation and improvement of the public highway, street, alley,
4storm and sanitary sewers, watercourses, water transmission and distribution
5facilities, mass transit facilities, airport, or other transportation facilities, gas or
6leachate extraction systems to remedy environmental pollution from a solid waste
7disposal facility, housing project, redevelopment project, cultural arts facilities,
8exposition center or exposition center facilities which shall be known as the
9relocation order. This order shall include a map or plat showing the old and new
10locations and the lands and interests required. A copy of the order shall, within 20
11days after its issue, be filed with the county clerk of the county wherein the lands are
12located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
13accordance with s. 84.095.
AB75, s. 725
14Section
725. 32.05 (2) (b) of the statutes is amended to read:
AB75,466,215
32.05
(2) (b) The condemnor shall provide the owner with a full narrative
16appraisal upon which the jurisdictional offer is based and a copy of any other
17appraisal made under par. (a) and at the same time shall inform the owner of his or
18her right to obtain an appraisal under this paragraph. The owner may obtain an
19appraisal by a qualified appraiser of all property proposed to be acquired, and may
20submit the reasonable costs of the appraisal to the condemnor for payment. The
21owner shall submit a full narrative appraisal to the condemnor within 60 days after
22the owner receives the condemnor's appraisal. If the owner does not accept a
23negotiated offer under sub. (2a) or the jurisdictional offer under sub. (3), the owner
24may use
only an appraisal
prepared
received from the condemnor under this
25paragraph
, or an appraisal submitted by the owner to the condemnor within 60 days
1after the owner received the condemnor's appraisal under this paragraph, in any
2subsequent appeal.
AB75, s. 726
3Section
726. 32.05 (2a) of the statutes is amended to read:
AB75,467,114
32.05
(2a) Negotiation. Before making the jurisdictional offer provided in sub.
5(3), the condemnor shall attempt to negotiate personally with the owner or one of the
6owners or his or her representative of the property sought to be taken for the
7purchase of the same. In such negotiation the condemnor shall consider the owner's
8appraisal under sub. (2) (b) and may contract to pay the items of compensation
9enumerated in ss. 32.09 and 32.19 as may be applicable to the property in one or more
10installments on such conditions as the condemnor and property owners may agree.
11Before attempting to negotiate under this paragraph, the condemnor shall provide
12the owner or his or her representative with copies of applicable pamphlets prepared
13under s. 32.26 (6). When negotiating under this subsection, the condemnor shall
14provide the owner or his or her representative with the names of at least 10
15neighboring landowners to whom offers are being made, or a list of all offerees if less
16than 10 owners are affected, together with a map showing all property affected by
17the project. Upon request by an owner or his or her representative, the condemnor
18shall provide the name of the owner of any other property which may be taken for
19the project. The owner or his or her representative shall also have the right, upon
20request, to examine any maps in the possession of the condemnor showing property
21affected by the project. The owner or his or her representative may obtain copies of
22such maps by tendering the reasonable and necessary costs of preparing copies. The
23condemnor shall record any conveyance by or on behalf of the owner of the property
24to the condemnor executed as a result of negotiations under this subsection with the
25register of deeds of the county in which the property is located. The conveyance shall
1state the identity of all persons having an interest of record in the property
2immediately prior to its conveyance, the legal description of the property, the nature
3of the interest acquired and the compensation for such acquisition. The condemnor
4shall serve upon or mail by certified mail to all persons named therein a copy of the
5conveyance
and a notice of the right to appeal the amount of compensation under this
6subsection. Any person named in the conveyance may, within 6 months after the date
7of its recording, appeal from the amount of compensation therein stated in the
8manner set forth in subs. (9) to (12) and chs. 808 and 809 for appeals from an award
9under sub. (7). For purposes of any such appeal, the amount of compensation stated
10in the conveyance shall be treated as the award and the date the conveyance is
11recorded shall be treated as the date of taking and the date of evaluation.
AB75, s. 727
12Section
727. 32.07 (2) of the statutes is amended to read:
AB75,467,2313
32.07
(2) The petitioner shall determine necessity if application is by the state
14or any commission, department, board or other branch of state government or by a
15city, village, town, county, school district, board, commission, public officer,
16commission created by contract under s. 66.0301, joint local water authority under
17s. 66.0823,
transit authority created under s. 66.1039, redevelopment authority
18created under s. 66.1333, local exposition district created under subch. II of ch. 229,
19local cultural arts district created under subch. V of ch. 229, housing authority
20created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
21feet in width, for a telegraph, telephone or other electric line, for the right-of-way
22for a gas pipeline, main or service or for easements for the construction of any
23elevated structure or subway for railroad purposes.
AB75, s. 728
24Section
728. 32.20 of the statutes is amended to read:
AB75,468,19
132.20 Procedure for collection of itemized items of compensation. 2Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the
3condemnor carrying on the project through which condemnee's or claimant's claims
4arise. All such claims must be filed after the damages upon which they are based
5have fully materialized but not later than 2 years after the condemnor takes physical
6possession of the entire property acquired or such other event as determined by the
7department of commerce by rule. If such claim is not allowed within 90 days after
8the filing thereof, the claimant has a right of action against the condemnor carrying
9on the project through which the claim arises. Such action shall be commenced in
10a court of record in the county wherein the damages occurred
not later than 2 years
11after the condemnor disallows the claim or not later than 2 years after the expiration
12of the 90-day period if the condemnor fails to disallow the claim within that period,
13whichever occurs later. In causes of action, involving any state commission, board
14or other agency, excluding counties, the sum recovered by the claimant shall be paid
15out of any funds appropriated to such condemning agency. Any judgment shall be
16appealable by either party and any amount recovered by the body against which the
17claim was filed, arising from costs, counterclaims, punitive damages or otherwise
18may be used as an offset to any amount owed by it to the claimant, or may be collected
19in the same manner and form as any other judgment.
AB75, s. 729
20Section
729. 32.26 (3) of the statutes is repealed.
AB75, s. 730
21Section
730. 32.26 (4) of the statutes is repealed.
AB75, s. 731
22Section
731. 32.26 (5) of the statutes is repealed.
AB75, s. 732
23Section
732. 32.26 (7) of the statutes is repealed.
AB75, s. 733
24Section
733. 32.28 (3) (intro.) of the statutes is amended to read:
AB75,469,2
132.28
(3) (intro.) In lieu of costs under ch. 814
and subject to sub. (4), litigation
2expenses shall be awarded to the condemnee if:
AB75, s. 734
3Section
734. 32.28 (4) of the statutes is created to read:
AB75,469,104
32.28
(4) If a condemnee is awarded litigation expenses under sub. (3) (d), (e),
5(g), or (h), the amount of attorney fees included in litigation expenses may not exceed
6an amount equal to one-third of the difference between the award of the
7condemnation commission or jury verdict and the jurisdictional offer or highest
8written offer prior to the jurisdictional offer, except that if one-third of that
9difference is less than $5,000 and the condemnee shows good cause, the amount of
10attorney fees included in litigation expenses may not exceed $5,000.