Amendment ASA1-AB1050

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 1050

March 28, 1996 - Offered by Representative Handrick.

AB1050-ASA1,1,15 An Act to renumber and amend 30.77 (3) (ar), 33.235 (1) and 33.24; to amend 23.09 (19), 23.094 (1), 30.275 (4) (d), 30.77 (1) (intro.), 30.77 (3) (am) 2., 30.77 (3) (am) 4., 30.77 (3) (aw) 1., 30.77 (3) (d), 30.77 (3) (e) 1. (intro.), 30.77 (3) (e) 1. b., 30.77 (3) (e) 1. c., 30.79 (1) (a), 30.79 (1) (b) 2., 30.92 (1) (b), 33.001 (2) (b), 33.01 (8), 33.14 (3), 33.21, 33.22 (4), 33.23 (1), 33.23 (2), 33.235 (title), 33.235 (2), 33.235 (3), 33.235 (4), 33.25 (1) (a), 33.30 (1), 33.305 (1), 66.119 (1) (a), 66.119 (2) (a), 66.119 (3) (c), 66.119 (3) (d), 66.119 (3) (e), 66.12 (1) (a), 66.12 (1) (b), 66.12 (2), 66.12 (3) (b), 115.375 (2) (a) 2., 165.85 (2) (d), 814.63 (2) and 814.63 (4); and to create 30.50 (4q), 30.77 (3) (am) 1m., 30.77 (3) (am) 3m., 30.77 (3) (am) 3r., 33.01 (9g), 33.235 (1), 33.24 (1), 60.77 (5m), 60.782 and 115.375 (2) (a) 1m. of the statutes; relating to: certain town sanitary districts having the powers of public inland lake protection and rehabilitation districts, authority to enact ordinances by town sanitary districts and conversion of town sanitary districts into public inland lake protection and rehabilitation districts on lakes without contiguous public lands or easements.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1050-ASA1, s. 1 Section 1. 23.09 (19) of the statutes is amended to read:

AB1050-ASA1,2,4 23.09 (19) (a) In this subsection, "local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district.

AB1050-ASA1, s. 2 Section 2. 23.094 (1) of the statutes is amended to read:

AB1050-ASA1,2,8 23.094 (1) Definition. In this section, "political subdivision" means city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district.

AB1050-ASA1, s. 3 Section 3. 30.275 (4) (d) of the statutes is amended to read:

AB1050-ASA1,2,12 30.275 (4) (d) Provide grants to municipalities, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under pars. (a) to (c).

AB1050-ASA1, s. 4 Section 4. 30.50 (4q) of the statutes is created to read:

AB1050-ASA1,2,17 30.50 (4q) "Lake sanitary district" means a town sanitary district that has within its boundaries at least 60% of the footage of shoreline of a public inland lake, as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation district is not in effect.

AB1050-ASA1, s. 5 Section 5. 30.77 (1) (intro.) of the statutes is amended to read:

AB1050-ASA1,2,21 30.77 (1) Local regulation prohibited; exceptions. (intro.) Sections 30.50 to 30.71 shall be uniform in operation throughout the state. No municipality or, public inland lake protection and rehabilitation district or town sanitary district may:

AB1050-ASA1, s. 6 Section 6. 30.77 (3) (am) 1m. of the statutes is created to read:

AB1050-ASA1,3,6 30.77 (3) (am) 1m. A town sanitary district may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact and enforce ordinances applicable to a lake if at least 60% of the footage of shoreline of the lake is within its boundaries, if no public inland lake protection and rehabilitation district has in effect any ordinances enacted under subd. 1. for the lake and if any one of the following occurs:

AB1050-ASA1,3,8 a. Each town, village and city having jurisdiction over the lake adopts a resolution authorizing the town sanitary district to do so.

AB1050-ASA1,3,12 b. At least 50% of the towns, villages and cities having jurisdiction over the lake adopt resolutions authorizing the town sanitary district to enact and enforce ordinances, and at least 60% of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.

AB1050-ASA1, s. 7 Section 7. 30.77 (3) (am) 2. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050-ASA1,3,17 30.77 (3) (am) 2. An ordinance enacted under subd. 1. or 1m. may not be contrary to or inconsistent with this chapter and shall relate to the equipment, use or operation of boats or to an activity regulated by ss. 30.60 to 30.71.

AB1050-ASA1, s. 8 Section 8. 30.77 (3) (am) 3m. of the statutes is created to read:

AB1050-ASA1,3,22 30.77 (3) (am) 3m. If a town sanitary district enacts an ordinance under this paragraph, the town sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.

AB1050-ASA1, s. 9 Section 9. 30.77 (3) (am) 3r. of the statutes is created to read:

AB1050-ASA1,4,2 30.77 (3) (am) 3r. If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances under subd. 1m. for the lake, any ordinances enacted by the public inland lake protection and rehabilitation district supersede all of the following:

AB1050-ASA1,4,4 a. Any conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.

AB1050-ASA1,4,6 b. Any conflicting provisions of a town sanitary district ordinance enacted under subd. 1m. that are applicable to the lake.

AB1050-ASA1, s. 10 Section 10. 30.77 (3) (am) 4. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050-ASA1,4,19 30.77 (3) (am) 4. If a town, village or city proposes to rescind a resolution that it adopted under subd. 1. or 1m., and if the recision will result in less than 50% of the towns, villages or cities with jurisdiction over the lake still having in effect resolutions adopted under subd. 1. or 1m. or will result in less than 60% of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with resolutions still in effect, the town, village or city proposing to rescind the resolution shall hold a hearing on the recision at least 30 days before the recision will take effect and shall give notice as required under par. (aw) 2. If, after holding the hearing, the town, village or city rescinds the resolution that it adopted under subd. 1. or 1m., the lake public inland lake protection and rehabilitation district ordinances or the town sanitary district ordinances are void.

AB1050-ASA1, s. 11 Section 11. 30.77 (3) (ar) of the statutes, as created by 1995 Wisconsin Act 152, is renumbered 30.105 and amended to read:

AB1050-ASA1,5,2 30.105 (title) Determining footage of shoreline. In determining footage of shoreline for purposes of pars. s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am) and 60.782 (2), towns, villages, cities and lake, public inland lake protection and rehabilitation districts and town sanitary districts shall measure by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

AB1050-ASA1, s. 12 Section 12. 30.77 (3) (aw) 1. of the statutes, as created by 1995 Wisconsin Act 152, is amended to read:

AB1050-ASA1,5,9 30.77 (3) (aw) 1. If one or more towns, villages or cities propose to enact an ordinance for an inland lake under par. (ac) 2. or a lake public inland lake protection and rehabilitation district or town sanitary district proposes to enact an ordinance for an inland lake under par. (am) 1. b. or 1m. b., it shall hold a public hearing on the proposed ordinance at least 30 days before its enactment.

AB1050-ASA1, s. 13 Section 13. 30.77 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050-ASA1,6,5 30.77 (3) (d) Ordinances pertaining to the equipment, use or operation of boats on inland lakes shall be subject to advisory review by the department as provided under this paragraph. Proposed ordinances subject to review under this paragraph shall be submitted by the local town, village or city clerk or by a the public inland lake protection and rehabilitation district or town sanitary district to the department at least 60 days prior to final action thereon by the town, village or, city or district governing body. Advisory reports regarding town, village or, city or, lake district or town sanitary district ordinances that regulate the equipment, use or operation of boats on inland lakes shall be based on consideration of the effect of the ordinance on the state from the standpoint of uniformity and enforcement and the effect of the ordinance on an affected town, village, city or, lake district or town sanitary district in view of pertinent local conditions. Advisory reports shall state in what regard such ordinances are considered consistent or inconsistent with this chapter as to public health, safety or welfare, including the public's interest in preserving the state's natural resources, and shall be accompanied by suggested changes, if any. No later than 20 days after receipt by the department of proposed ordinances, the department shall advise the town, village, city or, lake district or town sanitary district in writing as to the results of its advisory review under this paragraph. The department shall address the results sent to a town, village or city to its clerk.

AB1050-ASA1, s. 14 Section 14. 30.77 (3) (e) 1. (intro.) of the statutes is amended to read:

AB1050-ASA1,6,9 30.77 (3) (e) 1. (intro.) A municipality or , a public inland lake protection and rehabilitation district or a town sanitary district that has in effect an ordinance under par. (am) may charge boat operators reasonable fees for any of the following:

AB1050-ASA1, s. 15 Section 15. 30.77 (3) (e) 1. b. of the statutes is amended to read:

AB1050-ASA1,6,12 30.77 (3) (e) 1. b. The municipality's or lake district's costs for operating or maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.

AB1050-ASA1, s. 16 Section 16. 30.77 (3) (e) 1. c. of the statutes is amended to read:

AB1050-ASA1,6,15 30.77 (3) (e) 1. c. The municipality's or lake district's costs for providing other recreational boating services.

AB1050-ASA1, s. 17 Section 17. 30.79 (1) (a) of the statutes is amended to read:

AB1050-ASA1,6,18 30.79 (1) (a) "Local governmental unit" means a municipality or, a public inland lake protection and rehabilitation district or a lake sanitary district.

AB1050-ASA1, s. 18 Section 18. 30.79 (1) (b) 2. of the statutes is amended to read:

AB1050-ASA1,6,23 30.79 (1) (b) 2. A unit created by a public inland lake protection and rehabilitation district, by a lake sanitary district or by a number of local governmental units riparian to a single lake, at least one of which is a lake district or a lake sanitary district, for the purposes specified in subd. 1.

AB1050-ASA1, s. 19 Section 19. 30.92 (1) (b) of the statutes is amended to read:

AB1050-ASA1,7,6 30.92 (1) (b) "Governmental unit" means the department, a municipality, a town lake sanitary district, a public inland lake protection and rehabilitation district organized under ch. 33, the Milwaukee River revitalization council, the Lower Wisconsin State Riverway board, the Fox River management commission or any other local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.

AB1050-ASA1, s. 20 Section 20. 33.001 (2) (b) of the statutes is amended to read:

AB1050-ASA1,7,14 33.001 (2) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by public inland lake protection and rehabilitation districts and the Dane county lakes and watershed commission of planning and plan implementation are necessary and desirable and that the local districts should be formed by persons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems.

AB1050-ASA1, s. 21 Section 21. 33.01 (8) of the statutes is amended to read:

AB1050-ASA1,7,20 33.01 (8) "Public inland lake" or "lake" means a lake, reservoir or flowage within the boundaries of the state that is accessible to the public via contiguous public lands or easements giving public access. "Lake" also includes any lake, reservoir or flowage within the boundaries of the state that is under the jurisdiction of a restructured district.

AB1050-ASA1, s. 22 Section 22. 33.01 (9g) of the statutes is created to read:

AB1050-ASA1,7,24 33.01 (9g) "Restructured district" means a district for a lake that results from a conversion under s. 33.235 (1m), a formation under s. 33.235 (2) or a merger under s. 33.235 (3).

AB1050-ASA1, s. 23 Section 23. 33.14 (3) of the statutes is amended to read:

AB1050-ASA1,8,6 33.14 (3) Department review. Within 21 days after receipt of the proposed plan and applications the department shall advise the lake district if additional information is needed to conduct its technical and environmental review of the proposal. If an environmental impact statement is required, the department shall complete its environmental impact review before taking final action on the proposed plan.

AB1050-ASA1, s. 24 Section 24. 33.21 of the statutes is amended to read:

AB1050-ASA1,8,11 33.21 Public inland lake protection and rehabilitation districts; purposes. Public inland lake protection and rehabilitation districts Districts may be created for the purpose of undertaking a program of lake protection and rehabilitation of a lake or parts thereof within the district.

AB1050-ASA1, s. 25 Section 25. 33.22 (4) of the statutes is amended to read:

AB1050-ASA1,8,19 33.22 (4) Districts shall not exercise the town sanitary district powers authorized under sub. (3) within the boundaries of an incorporated municipality unless the governing body of the municipality consents. In addition, districts shall not exercise town sanitary district powers in any territory included in an existing town sanitary district except by contract under s. 66.30 or unless the sanitary district merges into the public inland lake protection and rehabilitation district under s. 33.235 (3).

AB1050-ASA1, s. 26 Section 26. 33.23 (1) of the statutes is amended to read:

AB1050-ASA1,9,2 33.23 (1) The governing body of a municipality may by resolution establish a public inland lake protection and rehabilitation district if the municipality encompasses within its boundaries all the lake frontage of the public inland lake within this state. Except as provided under sub. (3), the governing body of the municipality which establishes the district shall perform the function of the board of commissioners. For purposes of this subsection, "district" does not include a restructured district.

AB1050-ASA1, s. 27 Section 27. 33.23 (2) of the statutes is amended to read:

AB1050-ASA1,9,7 33.23 (2) Establishment of lake districts by towns under this section shall conform to the procedures of ss. 33.25 and 33.26 except that the town clerk shall perform the functions of the county clerk and the town board shall perform the functions of the county board and in addition shall hold the hearing.

AB1050-ASA1, s. 28 Section 28. 33.235 (title) of the statutes is amended to read:

AB1050-ASA1,9,10 33.235 (title) Conversion Restructured districts; conversion and merger of town sanitary districts.

AB1050-ASA1, s. 29 Section 29. 33.235 (1) of the statutes is renumbered 33.235 (1m) and amended to read.

AB1050-ASA1,9,21 33.235 (1m) A town board by resolution may convert a town sanitary district which encompasses all the frontage of a lake within its boundaries into a public inland lake protection and rehabilitation restructured district. The town sanitary district commissioners shall serve as the initial board of commissioners until the first annual meeting of the lake restructured district, at which time the commissioners shall be selected under s. 33.28. Conversion shall not affect any preexisting rights or liabilities of the town sanitary district. All such rights or liabilities shall be assumed automatically by the newly created public inland lake protection and rehabilitation restructured district.

AB1050-ASA1, s. 30 Section 30. 33.235 (1) of the statutes is created to read:

AB1050-ASA1,9,23 33.235 (1) In this section:

AB1050-ASA1,9,24 (a) "Lake" means a lake, reservoir or flowage within the boundaries of the state.

AB1050-ASA1,10,2 (b) "Lake district" means a public inland lake protection and rehabilitation district that does not include a restructured district.

AB1050-ASA1, s. 31 Section 31. 33.235 (2) of the statutes is amended to read:

AB1050-ASA1,10,18 33.235 (2) The commissioners of a town sanitary district that does not encompass all the frontage of a lake within its boundaries may, with approval of the town board, petition under s. 33.25 for the formation of a restructured district to include the territory of the existing sanitary district and any additional frontage on the lake that is deemed appropriate by the commissioners. The commissioners may sign the petition for the landowners in the sanitary district. If necessary to meet the requirements of s. 33.25, signatures of owners of land lying outside the sanitary district shall be obtained. Creation Formation of a restructured district that includes such additional territory shall not affect any preexisting rights or liabilities of the town sanitary district, and all these rights and liabilities shall be assumed automatically by the newly created public inland lake protection and rehabilitation restructured district. The method by which these rights and liabilities are apportioned within the newly created restructured district shall be determined by the county board, and set out in the order issued under s. 33.26 (3) creating forming the restructured district.

AB1050-ASA1, s. 32 Section 32. 33.235 (3) of the statutes is amended to read:

AB1050-ASA1,11,10 33.235 (3) Town A town sanitary districts district having boundaries coterminous or contiguous to a public inland lake protection and rehabilitation lake district may merge into the lake district. Merger is effected by approval of an identical merger resolution by a two-thirds vote of the commissioners of each district the town sanitary district and the lake district, followed by ratification by a majority of those voting at an annual or special meeting of a the lake district and a majority of those voting in a referendum of the town sanitary district under s. 60.785 (2). Merger may not become effective unless the town board which created the sanitary district approves the merger. The commissioners of each the town sanitary district and the district shall act jointly until the next annual or special meeting, whichever occurs first, of the restructured district at which time the board of the merged restructured district shall be created subject to the requirements under s. 33.28. Merger does not affect the preexisting rights or liabilities of the districts town sanitary district or the lake district. All these rights and liabilities are assumed automatically by the merged restructured district, but the method of discharging these rights or obligations shall be set out in the merger resolution.

AB1050-ASA1, s. 33 Section 33. 33.235 (4) of the statutes is amended to read: