Amendment AA2-ASA1-AB133

AB133-ASA1-AA2, s. 785dp Section 785dp. 30.12 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,97,9 30.12 (1) General prohibition. (intro.) Except as provided under sub. subs. (4) and (4m), unless a permit has been granted by the department pursuant to statute or the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful:".

AB133-ASA1-AA2,97,10 376. Page 486, line 18: after that line insert:

AB133-ASA1-AA2,97,11 " Section 785m. 30.058 of the statutes is created to read:

AB133-ASA1-AA2,97,16 30.058 Exemption from permit requirements for deposits in navigable waters. Notwithstanding s. 30.12, a riparian owner need not obtain a permit or other approval from the department to place riprap or similar material as a bulkhead and to fill the area landward from the bulkhead on the bed of a navigable lake if all of the following apply:

AB133-ASA1-AA2,97,18 (1) The riparian owner is an individual who has owned for at least 25 years the land abutting the bed where the bulkhead and fill is to be placed.

AB133-ASA1-AA2,97,20 (2) The riparian owner has committed at least 30 acres of his or her land to environmental or conservation purposes.

AB133-ASA1-AA2,97,21 (3) The area to be filled does not exceed 7 acres.

AB133-ASA1-AA2,97,23 (4) The lake is an inland lake that is located in a county that meets all of the following conditions:

AB133-ASA1-AA2,97,24 (a) The county seat abuts a different inland lake.

AB133-ASA1-AA2,98,2 (b) The population of the county is at least 135,000 but not more than 145,000, as shown in the 1990 federal decennial census.".

AB133-ASA1-AA2,98,3 377. Page 487, line 4: after that line insert:

AB133-ASA1-AA2,98,4 " Section 792m. 30.12 (4m) of the statutes is created to read:

AB133-ASA1-AA2,98,8 30.12 (4m) Drainage district structures and deposits. (a) Subsection (1) does not apply to a structure or deposit that a county drainage boards places in a drain that the board operates within a drainage district under ch. 88 if either of the following applies:

AB133-ASA1-AA2,98,11 1. The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the structure or deposit.

AB133-ASA1-AA2,98,15 2. The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB133-ASA1-AA2,98,19 (b) The exemption from sub. (1) under par. (a) does not apply to a drain that is classified as a Class I trout stream on the effective date of this paragraph .... [revisor inserts date] by the department of natural resources under rules promulgated under s. 23.09 (2) (m).".

AB133-ASA1-AA2,98,20 378. Page 489, line 13: after that line insert:

AB133-ASA1-AA2,98,21 " Section 802mg. 30.20 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,98,24 30.20 (1) (b) Except as provided under par. (c) pars. (c) and (d), no person may remove any material from the bed of any lake or stream not mentioned under par. (a) without first obtaining a permit from the department under sub. (2) (c).

AB133-ASA1-AA2, s. 802mr Section 802mr. 30.20 (1) (d) of the statutes is created to read:

AB133-ASA1-AA2,99,4 30.20 (1) (d) A county drainage board may without a permit under sub. (2) (c) remove material from a drain that the county drainage board operates in a drainage district under ch. 88 if all of the following apply:

AB133-ASA1-AA2,99,8 1. The removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB133-ASA1-AA2,99,11 2. The drain is not classified as a Class I trout stream on the effective date of this subdivision .... [revisor inserts date], by the department of natural resources under rules promulgated under s. 23.09 (2) (m).".

AB133-ASA1-AA2,99,12 379. Page 489, line 21: after "in bluff land" insert "along the Great Lakes".

AB133-ASA1-AA2,99,13 380. Page 493, line 8: after that line insert:

AB133-ASA1-AA2,99,14 " Section 847y. 30.475 of the statutes is created to read:

AB133-ASA1-AA2,99,16 30.475 Closed area. (1) In this section, "Mazomanie unit" means land that is all of the following:

AB133-ASA1-AA2,99,18 (a) Located in sections 28, 29, 30, 31 and 32 in township 9 north, range 6 east in the Lower Wisconsin State Riverway.

AB133-ASA1-AA2,99,19 (b) Owned or leased by this state.

AB133-ASA1-AA2,99,20 (c) Under the jurisdiction of the department.

AB133-ASA1-AA2,99,22 (d) Part of the Mazomanie unit of the Lower Wisconsin State Wildlife Area, as designated by the department.

AB133-ASA1-AA2,99,24 (2) Beginning on April 1 and ending on September 15 of each year, the department shall close, and prohibit persons from entering, the Mazomanie unit.

AB133-ASA1-AA2,100,2 (3) Notwithstanding sub. (2), the closure of the Mazomanie unit does not apply to any of the following:

AB133-ASA1-AA2,100,5 (a) A person who enters the Mazomanie unit to engage in nonrecreational activities for which the department has issued a permit including a person who holds a permit under s. 29.614.

AB133-ASA1-AA2,100,8 (b) A person who enters the Mazomanie unit to engage in the training of hunting dogs or to conduct dog trials if the person holds a permit under rules promulgated by the department under s. 29.321.

AB133-ASA1-AA2,100,10 (c) A person who enters the islands and sandbars of the Mazomanie unit between 6:00 a.m. and 9:00 p.m.

AB133-ASA1-AA2,100,12 (4) The department shall post notice of the closure of the Mazomanie unit in a manner that gives the public sufficient notice of the closure.

AB133-ASA1-AA2, s. 847z Section 847z. 30.49 (1) (dm) of the statutes is created to read:

AB133-ASA1-AA2,100,15 30.49 (1) (dm) Any person who violates s. 30.475 shall forfeit not less than $100 nor more than $1,000 for each violation.".

AB133-ASA1-AA2,100,16 381. Page 496, line 13: delete lines 13 to 22.

AB133-ASA1-AA2,100,17 382. Page 499, line 8: after that line insert:

AB133-ASA1-AA2,100,18 " Section 867xg. 30.92 (4) (b) 8. am. of the statutes is created to read:

AB133-ASA1-AA2,100,20 30.92 (4) (b) 8. am. A project that uses chemicals to remove Eurasian water milfoil.".

AB133-ASA1-AA2,100,21 383. Page 499, line 9: after that line insert:

AB133-ASA1-AA2,100,22 " Section 867xp. 31.02 (title) of the statutes is amended to read:

AB133-ASA1-AA2,100,23 31.02 (title) Powers and duties of department.

AB133-ASA1-AA2, s. 867xr Section 867xr. 31.02 (4) (c) of the statutes is amended to read:

AB133-ASA1-AA2,101,5 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.

AB133-ASA1-AA2, s. 867xs Section 867xs. 31.02 (4g) of the statutes is created to read:

AB133-ASA1-AA2,101,8 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:

AB133-ASA1-AA2,101,9 1. The rules promulgated under sub. (4r) are in effect.

AB133-ASA1-AA2,101,12 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.

AB133-ASA1-AA2, s. 867xt Section 867xt. 31.02 (4r) of the statutes is created to read:

AB133-ASA1-AA2,101,17 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.".

AB133-ASA1-AA2,101,18 384. Page 499, line 9: after that line insert:

AB133-ASA1-AA2,101,19 " Section 867xo. 31.02 (6) of the statutes is amended to read:

AB133-ASA1-AA2,102,2 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.

AB133-ASA1-AA2, s. 867xq Section 867xq. 31.02 (7) of the statutes is repealed.

AB133-ASA1-AA2, s. 867xr Section 867xr. 31.02 (7m) of the statutes is created to read:

AB133-ASA1-AA2,102,10 31.02 (7m) A county drainage board shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in drainage districts 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 sub. (6).

AB133-ASA1-AA2, s. 867xs Section 867xs. 31.02 (8) of the statutes is repealed.

AB133-ASA1-AA2, s. 867xt Section 867xt. 31.02 (9) of the statutes is repealed.".

AB133-ASA1-AA2,102,13 385. Page 502, line 14: after that line insert:

AB133-ASA1-AA2,102,14 " Section 884a. 34.01 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,103,9 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.

AB133-ASA1-AA2, s. 885a Section 885a. 34.10 of the statutes is amended to read:

AB133-ASA1-AA2,104,13 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.".

AB133-ASA1-AA2,104,14 386. Page 502, line 14: after that line insert:

AB133-ASA1-AA2,104,15 " Section 877d. 31.385 (4) of the statutes is created to read:

AB133-ASA1-AA2,104,21 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.

AB133-ASA1-AA2,105,3 (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.".

AB133-ASA1-AA2,105,4 387. Page 502, line 14: after that line insert:

AB133-ASA1-AA2,105,5 " Section 882m. 32.72 (1) of the statutes is amended to read:

AB133-ASA1-AA2,105,12 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election referendum called in accordance with s. 8.065 and adopted by a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?".".

AB133-ASA1-AA2,105,14 388. Page 502, line 23: delete the material beginning with that line and ending with page 503, line 3.

AB133-ASA1-AA2,105,15 389. Page 503, line 3: after that line insert:

AB133-ASA1-AA2,105,16 " Section 887d. 36.11 (36m) of the statutes is created to read:

AB133-ASA1-AA2,105,23 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.".

AB133-ASA1-AA2,105,24 390. Page 503, line 4: delete lines 4 to 7.

AB133-ASA1-AA2,106,1 391. Page 503, line 14: after that line insert:

AB133-ASA1-AA2,106,2 " Section 887t. 36.11 (40) of the statutes is created to read:

AB133-ASA1-AA2,106,4 36.11 (40) Center for cooperatives. The board shall maintain a center for cooperatives at the University of Wisconsin-Madison.".

AB133-ASA1-AA2,106,6 392. Page 504, line 5: delete the material beginning with that line and ending with page 505, line 23, and substitute:

AB133-ASA1-AA2,106,7 "36.25 (5) (c) 1. In this paragraph:

AB133-ASA1-AA2,106,8 a. "Broadcasting corporation" has the meaning given in s. 39.81 (2).

AB133-ASA1-AA2,106,10 b. "Broadcasting station" means any broadcasting station for which the board of regents holds a license.

AB133-ASA1-AA2,106,11 c. "Friends group" has the meaning given in s. 39.81 (5).

AB133-ASA1-AA2,106,13 2. The board of regents shall enter into an agreement with the broadcasting corporation that requires the board of regents to do each of the following: