30.77 (3) (dm) 2r. b. The hearing examiner shall issue an order on the objection within 90 days after the date on which the hearing is ordered under subd. 2. 2r. a. If
c. For an objection under subd. 2., if the hearing examiner determines that the ordinance or the portion of the ordinance is contrary to or inconsistent with this chapter, the hearing examiner shall issue an order declaring the ordinance or that portion of the ordinance void. The For an objection under subd. 2g., if the hearing examiner determines that the ordinance or the portion of the ordinance is not necessary for public health, safety, welfare or the public's interest in preserving the state's natural resources, the hearing examiner shall issue an order declaring the ordinance or that portion of the ordinance void. An order issued under this subd. 2r. c. shall prohibit the enforcement of all or any portion of the ordinance declared to be void.
9,867x
Section 867x. 30.77 (3) (dm) 2g. of the statutes is created to read:
30.77 (3) (dm) 2g. If a local entity or an boating organization objects to an ordinance enacted under par. (a) that applies to a river or stream, or to an ordinance enacted under par. (b), on the grounds that all or a portion of the ordinance is not necessary for public health, safety, welfare or the public's interest in preserving the state's natural resources, the procedure under subd 2r. shall apply.
9,867xg
Section 867xg. 30.92 (4) (b) 8. am. of the statutes is created to read:
30.92 (4) (b) 8. am. A project that uses chemicals to remove Eurasian water milfoil.
9,867xj
Section 867xj. 30.92 (4) (b) 11. of the statutes is created to read:
30.92 (4) (b) 11. Not more than $75,000 in each fiscal year may be expended for projects under subd. 8. am.
9,867xm
Section 867xm. 30.92 (4m) of the statutes is repealed.
9,867xp
Section 867xp. 31.02 (title) of the statutes is amended to read:
31.02 (title) Powers and duties of department.
9,867xr
Section 867xr. 31.02 (4) (c) of the statutes is amended to read:
31.02 (4) (c) With good and sufficient fishway or fishways or fish ladders, or in lieu thereof the owner may be permitted to enter into an agreement with the department to pay for or to supply to the state of Wisconsin annually such quantities of game fish for stocking purposes as may be agreed upon by the owner and the department.
9,867xs
Section 867xs. 31.02 (4g) of the statutes is created to read:
31.02 (4g) The department may not impose the requirement under sub. (4) (c) on an owner of a dam unless all of the following apply:
1. The rules promulgated under sub. (4r) are in effect.
2. The federal government or the state implements a program to provide cost-sharing grants to owners of dams for equipping dams with fishways or fish ladders and a grant is available to the dam owner under the program.
9,867xt
Section 867xt. 31.02 (4r) of the statutes is created to read:
31.02 (4r) The department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by public that affect the placement of fishways or fish ladders in navigable waters that are dammed.
9,867xu
Section 867xu. 31.02 (6) of the statutes is amended to read:
31.02 (6) The department shall Except as provided in sub. (7m), the department may operate, repair and maintain the dams and dykes dikes constructed across drainage ditches and streams in drainage districts, in the interest of drainage control, water conservation, irrigation, conservation, pisciculture and to provide areas suitable for the nesting and breeding of aquatic wild bird life and the propagation of fur-bearing animals.
9,867xv
Section 867xv. 31.02 (7) of the statutes is amended to read:
31.02 (7) The department shall confer with the drainage commissioners in each drainage district on the formation of policies for the operation and maintenance of the dams; in districts having no commissioners, the department shall confer in like manner with the committee appointed by the county board, if any, to represent either such drainage district, or in the event that the drainage district is dissolved, to represent the interests of the county in all matters whatsoever pertaining to water conservation and control within the area which theretofore constituted such drainage district. This subsection does not apply to the Duck Creek Drainage District.
9,867xw
Section 867xw. 31.02 (7m) of the statutes is created to read:
31.02 (7m) The drainage board for the Duck Creek Drainage District shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in the Duck Creek Drainage District in compliance with ch. 88 and any rules promulgated by the department of agriculture, trade and consumer protection under ch. 88. If a county drainage board fails to perform its duties under this subsection, the department of natural resources may exercise its authority under subs. (6), (8) and (9).
9,867y
Section 867y. 31.309 (title) of the statutes is amended to read:
31.309 (title) Portage levee system and canal.
9,867z
Section 867z. 31.309 (1) (am) of the statutes is created to read:
31.309 (1) (am) The city of Portage may use any amounts from the grant awarded under par. (a) for the renovation and repair of the Portage canal.
9,868
Section
868. 31.385 (title) of the statutes is amended to read:
31.385 (title) Dam maintenance, repair, modification, abandonment and removal safety; aid program.
9,869b
Section 869b. 31.385 (1) of the statutes is renumbered 31.385 (1m) (intro.) and amended to read:
31.385 (1m) (intro.) The department shall promulgate the rules necessary to administer a financial assistance program for municipalities and public inland lake protection and rehabilitation districts for dam maintenance, repair, modification, abandonment and removal. dam safety projects under which financial assistance shall be provided as follows:
9,870b
Section 870b. 31.385 (1b) of the statutes is created to read:
31.385 (1b) In this section:
(a) "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.
(b) "Small dam" means a dam that is less than 15 feet high and that creates an impoundment of 100 surface acres of water or less.
9,870m
Section 870m. 31.385 (1m) (a) of the statutes is created to read:
31.385 (1m) (a) To municipalities and public inland lake protection and rehabilitation districts for any type of dam safety projects.
9,870p
Section 870p. 31.385 (1m) (b) of the statutes is created to read:
31.385 (1m) (b) To private owners for the removal of small dams.
9,870r
Section 870r. 31.385 (1m) (c) of the statutes is created to read:
31.385 (1m) (c) To any persons for the removal of abandoned dams.
9,871
Section
871. 31.385 (2) (intro.) of the statutes is amended to read:
31.385 (2) (intro.) The following standards shall apply to financial assistance under this section for dam maintenance, repair, modification, abandonment and removal safety projects:
9,872b
Section 872b. 31.385 (2) (a) of the statutes is renumbered 31.385 (2) (a) 1. and amended to read:
31.385 (2) (a) 1. State Except as provided in subd. 2., financial assistance for a dam safety project is limited to no more than 50% of the cost of a particular project involving dam maintenance, repair, modification, abandonment or removal and no more than $200,000 of state financial assistance for a particular the project.
9,872e
Section 872e. 31.385 (2) (a) 2. of the statutes is created to read:
31.385 (2) (a) 2. A project to remove an abandoned dam shall not be subject to the 50% cost limit under subd. 1.
9,872g
Section 872g. 31.385 (2) (a) 3. of the statutes is created to read:
31.385 (2) (a) 3. Financial assistance is limited to no more than $200,000 for each dam safety project.
9,873b
Section 873b. 31.385 (2) (ag) of the statutes is amended to read:
31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL), at least $250,000 shall be used for projects to remove small dams that are less than 15 feet wide and that create impoundments of 50 acre-feet of water or less. A project under this paragraph to remove a small dam may include restoring the stream or river that was dammed.
9,874
Section
874. 31.385 (2) (bm) of the statutes is created to read:
31.385 (2) (bm) The department may provide financial assistance for an activity other than the maintenance, repair, modification, abandonment or removal of the dam only if the cost of that activity will be less than the cost of the maintenance, repair, modification or removal of the dam.
9,875
Section
875. 31.385 (2) (c) (intro.) of the statutes is amended to read:
31.385 (2) (c) (intro.) No financial assistance may be provided under this section for the maintenance, repair, modification, abandonment or removal of a dam safety project unless at least one of the following applies:
9,876
Section
876. 31.385 (2) (c) 1. of the statutes is amended to read:
31.385 (2) (c) 1. The department conducts an investigation or inspection of the dam under this chapter and the owner of the dam requests financial assistance under this section within 6 months after having received department directives, based on the department's investigation or inspection of the dam, for the repair, modification or abandonment and removal of the dam or for another activity to increase the safety of the dam.
9,876g
Section 876g. 31.385 (2) (c) 2. of the statutes is amended to read:
31.385 (2) (c) 2. The municipality or
, public inland lake protection and rehabilitation district or other person applying for state financial assistance under this section has received directives from the department or is under order by the department to maintain, repair, modify, abandon or remove a dam on August 9, 1989.
9,877b
Section 877b. 31.385 (3) of the statutes is amended to read:
31.385 (3) The department shall provide municipalities and, public inland lake protection and rehabilitation districts and other persons receiving state financial assistance under this section with technical assistance in conducting dam maintenance, repair, modification, abandonment and removal for dam safety projects under this section. The department shall coordinate the financial assistance program under this section with other related state and federal programs.
9,877d
Section 877d. 31.385 (4) of the statutes is created to read:
31.385 (4) (a) The department shall maintain an inventory of all dams in the state that require dam safety project under this section. The inventory shall list the dam safety projects in the chronological order in which they are required to be undertaken. For each dam safety project on the inventory, the department shall include a statement of which parts of the dam safety project are required to protect the rights held by the public in the navigable waters contained by the dam.
(b) The department shall provide notice to the owner of a dam that is included in the inventory. The department shall by rule establish a notice and hearing process for a dam owner to object to the inclusion of the owner's dam on the list. The department shall use this notice and hearing each time a dam is included in the inventory. The process shall include a public hearing in the city, village or town in which the dam is located, a public comment period, and an appeals process.
9,877m
Section 877m. 33.44 (1) (dm) of the statutes is created to read:
33.44 (1) (dm) One member who is a member of the Yahara Lakes Association.
9,877p
Section 877p. 33.44 (3) of the statutes is amended to read:
33.44 (3) Five Six commissioners shall constitute a quorum for the transaction of business.
9,877r
Section 877r. 33.44 (7) of the statutes is amended to read:
33.44 (7) The board of commissioners shall meet at least quarterly, and at other times on the call of the chairperson or on the petition of 5 6 of the members.
9,884a
Section 884a. 34.01 (2) (a) of the statutes is amended to read:
34.01 (2) (a) Any loss of public moneys, which have been deposited in a designated public depository in accordance with this chapter, resulting from the failure of any public depository to repay to any public depositor the full amount of its deposit because the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions has taken possession of the public depository or because the public depository has, with the consent and approval of the office of credit unions, administrator of federal credit unions, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions, adopted a stabilization and readjustment plan or has sold a part or all of its assets to another credit union, bank, savings bank or savings and loan association which has agreed to pay a part or all of the deposit liability on a deferred payment basis or because the depository is prevented from paying out old deposits because of rules of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions.
9,885a
Section 885a. 34.10 of the statutes is amended to read:
34.10 Reorganization and stabilization of financial institutions. Whenever the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions has taken charge of a credit union, bank, savings bank or savings and loan association with a view of restoring its solvency, pursuant to law, or with a view of stabilizing and readjusting the structure of any national or state credit union, bank, savings bank or savings and loan association located in this state, and has approved a reorganization plan or a stabilization and readjustment agreement entered into between the credit union, bank, savings bank or savings and loan association and depositors and unsecured creditors, or when a credit union, bank, savings bank or savings and loan association, with the approval of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions proposes to sell its assets to another credit union, bank, savings bank or savings and loan association which agrees to assume a part or all of the deposit liability of such selling credit union, bank, savings bank or savings and loan association and to pay the same on a deferred payment basis, the governing board of the public depositor may, on the approval of the division of banking, join in the execution of any reorganization plan, or any stabilization and readjustment agreement, or any depositor's agreement relative to a proposed sale of assets if, in its judgment and that of the division of banking, the reorganization plan or stabilization and readjustment agreement or proposed sale of assets is in the best interest of all persons concerned. The joining in any reorganization plan, or any stabilization and readjustment agreement, or any proposed sale of assets which meets the approval of the division of banking does not waive any rights under this chapter.
9,886
Section
886. 36.11 (6) (b) of the statutes is amended to read:
36.11 (6) (b) The board may not make a grant under par. (a) to a person if it receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).
9,887
Section
887. 36.11 (36) of the statutes is created to read:
36.11 (36) Aquaculture demonstration facility.
(a) The board, in consultation with representatives of the aquaculture industry, shall operate the aquaculture demonstration facility authorized under 1999 Wisconsin Act .... (this act), section 9107 (1) (i) 3.
(b) The board shall ensure that the aquaculture demonstration facility provides applied research and training to aquaculturists, including Native American aquaculturists, and to personnel at state fish hatcheries and that the
research and training emphasize all of the following areas related to aquaculture:
1. Environmental impact.
2. Water quality.
3. Appropriate water use.
4. Fish health science.
5. Innovative aquaculture methods and practices.
6. Demonstration, education and outreach activities through the extension.
9,887d
Section 887d. 36.11 (36m) of the statutes is created to read:
36.11 (36m) School safety research. The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under s. 38.04 (27), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.
