AB75: Bill Text

AB75, s. 692 Section 692. 29.2295 (4) (c) 2. of the statutes is repealed and recreated to read:

AB75,459,2 29.2295 (4) (c) 2. If the amount calculated under par. (b) for a fiscal year exceeds the amount appropriated under s. 20.370 (9) (hk) for that fiscal year, the department shall make a payment from the appropriation under s. 20.370 (9) (ht) to the band that equals the difference between the 2 amounts.

AB75, s. 693 Section 693. 29.2295 (4m) of the statutes is repealed.

AB75, s. 694 Section 694. 29.2295 (5) (b) of the statutes is amended to read:

AB75,459,7 29.2295 (5) (b) A requirement that the fees collected and retained by the band under sub. (3) and the payments received under sub. (4) be used only for fishery management within the reservation.

AB75, s. 695 Section 695. 29.563 (14) (a) 1. of the statutes is amended to read:

AB75,459,14 29.563 (14) (a) 1. The processing fee for applications for approvals under the cumulative preference systems for the hunter's choice deer hunting permit, bonus deer hunting permit, wild turkey hunting license, Class A bear license, Canada goose hunting permit, sharp-tailed grouse hunting permit, bobcat hunting and trapping permit, otter trapping permit, fisher trapping permit or sturgeon fishing permit: $2.75.

AB75, s. 696 Section 696. 29.563 (14) (a) 1m. of the statutes is created to read:

AB75,459,17 29.563 (14) (a) 1m. The processing fee for applications for bobcat hunting and trapping permits: $5.75.

AB75, s. 697 Section 697. 29.563 (14) (a) 3. of the statutes is amended to read:

AB75,459,20 29.563 (14) (a) 3. The processing fee for applications for elk hunting licenses: $2.75 $9.75.

AB75, s. 698 Section 698. 29.889 (7) (b) 1. of the statutes is amended to read:

AB75,459,23 29.889 (7) (b) 1. If the amount of the claim is $250 $500 or less, the claimant will receive no payment.

AB75, s. 699 Section 699. 29.889 (7) (b) 2. of the statutes is amended to read:

AB75,460,3 29.889 (7) (b) 2. If the amount of claim is more than $250 $500 but not more than $5,250, the claimant will be paid 100% of the amount of the claim that exceeds $250 $500.

AB75, s. 700 Section 700. 29.889 (7) (b) 4. of the statutes is amended to read:

AB75,460,6 29.889 (7) (b) 4. The total amount paid to a claimant under this paragraph may not exceed $15,000 $10,000 for each claim.

AB75, s. 701 Section 701. 29.99 (1) of the statutes is amended to read:

AB75,460,10 29.99 (1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, the court shall impose a wildlife violator compact surcharge under ch. 814 equal to $5 $20 for the violation.

AB75, s. 702 Section 702. 30.29 (3) (b) of the statutes is amended to read:

AB75,460,13 30.29 (3) (b) Agriculture activities. A person operating a motor vehicle while the person is engaged in agricultural use, as defined under s. 91.01 (1) (2).

AB75, s. 703 Section 703. 30.52 (3) (b) of the statutes is amended to read:

AB75,460,16 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 $19 $25.

AB75, s. 704 Section 704. 30.52 (3) (c) of the statutes is amended to read:

AB75,460,20 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 $28 $35.

AB75, s. 705 Section 705. 30.52 (3) (d) of the statutes is amended to read:

AB75,460,24 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 $52 $62.

AB75, s. 706 Section 706. 30.52 (3) (e) of the statutes is amended to read:

AB75,461,2 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 $86 $99.

AB75, s. 707 Section 707. 31.19 (1) of the statutes is renumbered 31.19 (1m) and amended to read:

AB75,461,6 31.19 (1m) Determination of dam size. For the purposes of this section, a dam is considered to be a large dam if either of the following applies:

AB75,461,8 (a) It has a structural height of 25 feet or more and impounds more than 15 acre-feet of water; or.

AB75,461,10 (b) It has a structural height of more than 6 feet and impounds more than 50 acre-feet or more of water.

AB75, s. 708 Section 708. 31.19 (1g) of the statutes is created to read:

AB75,461,12 31.19 (1g) Definitions. In this section:

AB75,461,14 (a) "High hazard dam" means a large dam the failure of which would probably cause loss of human life.

AB75,461,16 (b) "Low hazard dam" means a large dam the failure of which would probably not cause significant property damage or loss of human life.

AB75,461,19 (c) "Significant hazard dam" means a large dam the failure of which would probably cause significant property damage but would probably not cause loss of human life.

AB75, s. 709 Section 709. 31.19 (2) (title) of the statutes is amended to read:

AB75,461,21 31.19 (2) (title) Decennial Large dam inspection.

AB75, s. 710 Section 710. 31.19 (2) (a) of the statutes is amended to read:

AB75,462,2 31.19 (2) (a) Requirement Inspection by the department. Except as provided under par. (b), at least once every 10 years the department shall conduct a detailed inspection of each high hazard dam which is maintained or operated in or across navigable waters and each significant hazard dam.

AB75, s. 711 Section 711. 31.19 (2) (ag) of the statutes is created to read:

AB75,462,6 31.19 (2) (ag) Owner responsibility. 1. Owners of each high hazard dam, each significant hazard dam, and each low hazard dam shall engage a professional engineer registered under s. 443.04 to inspect the dam as specified in this paragraph.

AB75,462,11 2. An owner of a high hazard dam shall cause the dam to be inspected at least 4 times between each inspection conducted by the department under par. (a). An owner of a significant hazard dam shall cause the dam to be inspected at least 2 times between each inspection conducted by the department under par. (a). An owner of a low hazard dam shall cause the dam to be inspected at least once every 10 years.

AB75,462,16 3. The owner of a dam required to be inspected under this paragraph shall submit to the department, no later than 90 days after the date of the inspection, a report of the results of the inspection. The report shall include information on any deficiencies in the dam, recommendations for addressing those deficiencies, and recommendations on improving the safety and structural integrity of the dam.

AB75, s. 712 Section 712. 31.19 (2) (ar) of the statutes is created to read:

AB75,462,20 31.19 (2) (ar) Dam classification. The department shall classify each dam in this state as a high hazard, significant hazard, or low hazard dam for the purpose of this section.

AB75, s. 713 Section 713. 31.385 (1b) (intro.) and (a) of the statutes are consolidated, renumbered 31.385 (1b) and amended to read:

AB75,462,25 31.385 (1b) In this section: (a) "Dam "dam safety project" means the maintenance, repair, modification, abandonment or removal of a dam to increase its safety or any other activity that will increase the safety of a dam.

AB75, s. 714 Section 714. 31.385 (1b) (b) of the statutes is repealed.

AB75, s. 715 Section 715. 31.385 (1m) (b) of the statutes is amended to read:

AB75,463,3 31.385 (1m) (b) To private owners for the removal of small dams.

AB75, s. 716 Section 716. 31.385 (2) (a) 2. of the statutes is amended to read:

AB75,463,6 31.385 (2) (a) 2. A project to remove an abandoned a dam shall not be subject to the 50% cost limit under subd. 1.

AB75, s. 717 Section 717. 31.385 (2) (a) 3. of the statutes is amended to read:

AB75,463,9 31.385 (2) (a) 3. Financial assistance is limited to no more than $200,000 $400,000 for each dam safety project.

AB75, s. 718 Section 718. 31.385 (2) (ag) of the statutes is amended to read:

AB75,463,13 31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL) and (tx), at least $250,000 shall be used for projects to remove small dams. A project to remove a small dam may include restoring the stream or river that was dammed.

AB75, s. 719 Section 719. 31.385 (2) (ar) of the statutes is amended to read:

AB75,463,18 31.385 (2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL) and (tx), at least $100,000 shall be used for the removal of abandoned dams. The amounts required to be used under this paragraph are in addition to the amounts required to be used for the removal of dams under par. (ag).

AB75, s. 720 Section 720. 31.385 (4) of the statutes is repealed.

AB75, s. 721 Section 721. 31.385 (5) of the statutes is amended to read:

AB75,464,4 31.385 (5) Notwithstanding the limitations under sub. (2) (a) and the funding allocation requirements under sub. (2) (ag) and (ar), the department shall provide financial assistance to the village of Cazenovia in the amount necessary for a dam safety project to repair a dam that is located in the portion of the village that is in Richland County. The amount of the financial assistance may not exceed $250,000. The village need not contribute to the repair costs, and sub. (2) (c) does not apply to this dam safety project. The repair of this dam need not be included as a dam safety project under the inventory maintained by the department under sub. (4) for the village to receive financial assistance under this section.

AB75, s. 722 Section 722. 32.02 (11) of the statutes is amended to read:

AB75,464,10 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333; community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under subch. II of ch. 229; or transit authority created under s. 66.1039.

AB75, s. 723 Section 723. 32.035 (1) (b) of the statutes is amended to read:

AB75,464,16 32.035 (1) (b) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural commodities resulting from an agricultural use, as defined in s. 91.01 (1) (2), for sale and home use, and customarily producing the commodities in sufficient quantity to be capable of contributing materially to the operator's support.

AB75, s. 724 Section 724. 32.05 (1) (a) of the statutes is amended to read:

AB75,465,13 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, the secretary of transportation, a commission created by contract under s. 66.0301, a joint local water authority created by contract under s. 66.0823, a transit authority created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

AB75, s. 725 Section 725. 32.05 (2) (b) of the statutes is amended to read:

AB75,466,2 32.05 (2) (b) The condemnor shall provide the owner with a full narrative appraisal upon which the jurisdictional offer is based and a copy of any other appraisal made under par. (a) and at the same time shall inform the owner of his or her right to obtain an appraisal under this paragraph. The owner may obtain an appraisal by a qualified appraiser of all property proposed to be acquired, and may submit the reasonable costs of the appraisal to the condemnor for payment. The owner shall submit a full narrative appraisal to the condemnor within 60 days after the owner receives the condemnor's appraisal. If the owner does not accept a negotiated offer under sub. (2a) or the jurisdictional offer under sub. (3), the owner may use only an appraisal prepared received from the condemnor under this paragraph, or an appraisal submitted by the owner to the condemnor within 60 days after the owner received the condemnor's appraisal under this paragraph, in any subsequent appeal.

AB75, s. 726 Section 726. 32.05 (2a) of the statutes is amended to read:

AB75,467,11 32.05 (2a) Negotiation. Before making the jurisdictional offer provided in sub. (3), the condemnor shall attempt to negotiate personally with the owner or one of the owners or his or her representative of the property sought to be taken for the purchase of the same. In such negotiation the condemnor shall consider the owner's appraisal under sub. (2) (b) and may contract to pay the items of compensation enumerated in ss. 32.09 and 32.19 as may be applicable to the property in one or more installments on such conditions as the condemnor and property owners may agree. Before attempting to negotiate under this paragraph, the condemnor shall provide the owner or his or her representative with copies of applicable pamphlets prepared under s. 32.26 (6). When negotiating under this subsection, the condemnor shall provide the owner or his or her representative with the names of at least 10 neighboring landowners to whom offers are being made, or a list of all offerees if less than 10 owners are affected, together with a map showing all property affected by the project. Upon request by an owner or his or her representative, the condemnor shall provide the name of the owner of any other property which may be taken for the project. The owner or his or her representative shall also have the right, upon request, to examine any maps in the possession of the condemnor showing property affected by the project. The owner or his or her representative may obtain copies of such maps by tendering the reasonable and necessary costs of preparing copies. The condemnor shall record any conveyance by or on behalf of the owner of the property to the condemnor executed as a result of negotiations under this subsection with the register of deeds of the county in which the property is located. The conveyance shall state the identity of all persons having an interest of record in the property immediately prior to its conveyance, the legal description of the property, the nature of the interest acquired and the compensation for such acquisition. The condemnor shall serve upon or mail by certified mail to all persons named therein a copy of the conveyance and a notice of the right to appeal the amount of compensation under this subsection. Any person named in the conveyance may, within 6 months after the date of its recording, appeal from the amount of compensation therein stated in the manner set forth in subs. (9) to (12) and chs. 808 and 809 for appeals from an award under sub. (7). For purposes of any such appeal, the amount of compensation stated in the conveyance shall be treated as the award and the date the conveyance is recorded shall be treated as the date of taking and the date of evaluation.

AB75, s. 727 Section 727. 32.07 (2) of the statutes is amended to read:

AB75,467,23 32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.

AB75, s. 728 Section 728. 32.20 of the statutes is amended to read:

AB75,468,19 32.20 Procedure for collection of itemized items of compensation. Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the condemnor carrying on the project through which condemnee's or claimant's claims arise. All such claims must be filed after the damages upon which they are based have fully materialized but not later than 2 years after the condemnor takes physical possession of the entire property acquired or such other event as determined by the department of commerce by rule. If such claim is not allowed within 90 days after the filing thereof, the claimant has a right of action against the condemnor carrying on the project through which the claim arises. Such action shall be commenced in a court of record in the county wherein the damages occurred not later than 2 years after the condemnor disallows the claim or not later than 2 years after the expiration of the 90-day period if the condemnor fails to disallow the claim within that period, whichever occurs later. In causes of action, involving any state commission, board or other agency, excluding counties, the sum recovered by the claimant shall be paid out of any funds appropriated to such condemning agency. Any judgment shall be appealable by either party and any amount recovered by the body against which the claim was filed, arising from costs, counterclaims, punitive damages or otherwise may be used as an offset to any amount owed by it to the claimant, or may be collected in the same manner and form as any other judgment.

AB75, s. 729 Section 729. 32.26 (3) of the statutes is repealed.

AB75, s. 730 Section 730. 32.26 (4) of the statutes is repealed.

AB75, s. 731 Section 731. 32.26 (5) of the statutes is repealed.

AB75, s. 732 Section 732. 32.26 (7) of the statutes is repealed.

AB75, s. 733 Section 733. 32.28 (3) (intro.) of the statutes is amended to read:

AB75,469,2 32.28 (3) (intro.) In lieu of costs under ch. 814 and subject to sub. (4), litigation expenses shall be awarded to the condemnee if:

AB75, s. 734 Section 734. 32.28 (4) of the statutes is created to read:

AB75,469,10 32.28 (4) If a condemnee is awarded litigation expenses under sub. (3) (d), (e), (g), or (h), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the award of the condemnation commission or jury verdict and the jurisdictional offer or highest written offer prior to the jurisdictional offer, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.

AB75,469,16 (b) If a condemnee is awarded litigation expenses under sub. (3) (f), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the jury verdict and the award of the condemnation commission, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.

AB75, s. 735 Section 735. 34.045 (1m) of the statutes is repealed.

AB75, s. 736 Section 736. 34.05 (1) of the statutes is amended to read: