Amendment SSA1-AB133

AB133-SSA1,490,3 (3) Ban on location restrictions. In exercising its authority under sub. (2) (a), the department may not limit acquisitions of bluff lands to bluff lands that are within the boundaries of projects established by the department.

AB133-SSA1,490,5 (4) Limit on grants. A grant awarded under this section or under s. 23.096 to protect bluffs may not exceed 50% of the acquisition costs.

AB133-SSA1,490,9 (5) Rules. The department shall promulgate rules to administer and implement this section, including standards for awarding grants to protect bluffs under this section and under s. 23.096 grants. The department by rule shall define "bluff land" for purposes of this section.

AB133-SSA1, s. 847L Section 847L. 30.277 (1) of the statutes is renumbered 30.277 (1m) (a) and amended to read:

AB133-SSA1,490,17 30.277 (1m) (a) Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, from the appropriation under s. 20.866 (2) (tz), the department shall award grants to municipalities governmental units to assist municipalities them in projects on or adjacent to rivers that flow through urban areas. The department may award these grants from the appropriation under s. 20.866 (2) (ta) beginning on July 1, 2000.

AB133-SSA1,490,22 (b) For each fiscal year, except as provided in s. 23.0915 (1r) (c), from the appropriation under s. 20.866 (2) (tz), the department shall designate for expenditure $1,900,000 for grants under this section and for grants under s. 23.096 for the purposes under sub. (2) (a). This paragraph does not apply after June 30, 2000.

AB133-SSA1, s. 847m Section 847m. 30.277 (1b) of the statutes is created to read:

AB133-SSA1,490,24 30.277 (1b) Definition. In this section:

AB133-SSA1,491,2 (a) "Governmental unit" means a city, village, town, county or the Kickapoo reserve management board.

AB133-SSA1,491,4 (b) "Nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

AB133-SSA1, s. 847n Section 847n. 30.277 (2) (a) of the statutes is amended to read:

AB133-SSA1,491,12 30.277 (2) (a) Grants awarded under this section from the appropriation under s. 20.866 (2) (tz) shall be used for projects that emphasize the preservation or restoration of urban rivers or riverfronts for the purposes of economic revitalization and encouraging outdoor recreation activities that involve the enjoyment of the state's natural resources. These outdoor recreation activities include, but are not limited to fishing, wildlife observation, enjoyment of scenic beauty, canoeing, boating, hiking and bicycling.

AB133-SSA1, s. 847o Section 847o. 30.277 (2) (b) of the statutes is amended to read:

AB133-SSA1,491,16 30.277 (2) (b) A grant awarded to a municipality governmental unit under this section may be used to acquire land and may be used for a shoreline enhancement project. For purposes of this paragraph, "land" includes rights in land.

AB133-SSA1, s. 847p Section 847p. 30.277 (2) (c) of the statutes is created to read:

AB133-SSA1,491,19 30.277 (2) (c) Grants awarded under this section from the appropriation under s. 20.866 (2) (ta) shall only be used for nature-based outdoor recreation.

AB133-SSA1, s. 847q Section 847q. 30.277 (3) (e) of the statutes is amended to read:

AB133-SSA1,491,23 30.277 (3) (e) Whether significant planning has occurred in the municipality area subject to the jurisdiction of the governmental unit prior to its request for a grant under this section.

AB133-SSA1, s. 847r Section 847r. 30.277 (3) (f) of the statutes is amended to read:

AB133-SSA1,492,2 30.277 (3) (f) The level of support for the project demonstrated by the municipality governmental unit, including financial support.

AB133-SSA1, s. 847s Section 847s. 30.277 (3) (g) of the statutes is amended to read:

AB133-SSA1,492,5 30.277 (3) (g) Whether the project involves a joint effort by 2 or more municipalities governmental units.

AB133-SSA1, s. 847t Section 847t. 30.277 (3) (h) of the statutes is amended to read:

AB133-SSA1,492,8 30.277 (3) (h) The potential benefits of the project to the overall economy of the municipality area subject to the jurisdiction of the governmental unit.

AB133-SSA1, s. 847u Section 847u. 30.277 (4) of the statutes is amended to read:

AB133-SSA1,492,12 30.277 (4) Cap on grants. No municipality governmental unit may receive in any fiscal year more than 20% of the funds that are available for grants under this section.

AB133-SSA1, s. 847v Section 847v. 30.277 (4m) of the statutes is created to read:

AB133-SSA1,492,16 30.277 (4m) Grants for Kickapoo. The department may not award a grant under this section from the appropriation under s. 20.866 (2) (tz) to the Kickapoo reserve management board.

AB133-SSA1, s. 847w Section 847w. 30.277 (5) of the statutes is amended to read:

AB133-SSA1,492,24 30.277 (5) Contribution by municipality governmental unit. To be eligible for a grant under this section, at least 50% of the cost of the project acquisition costs for land or of the project costs shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under s. 20.370 or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty) or (tz).

AB133-SSA1, s. 847x Section 847x. 30.277 (6) of the statutes is amended to read:

AB133-SSA1,493,8 30.277 (6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k). The department shall promulgate a rule specifying the types of projects that qualify as a shoreline enhancement project under this section.

AB133-SSA1, s. 854 Section 854. 30.50 (4a) of the statutes is created to read:

AB133-SSA1,493,12 30.50 (4a) "Expedited service" means a process under which a person is able to renew a certificate of number or a certificate of registration in person and with only one appearance at the site where certificates are renewed.

AB133-SSA1, s. 855 Section 855. 30.52 (1m) of the statutes is created to read:

AB133-SSA1,493,15 30.52 (1m) Renewals. (a) Agents. For the renewal of certificates of number or certificates of registration, the department may do any of the following:

AB133-SSA1,493,16 1. Directly renew the certificates.

AB133-SSA1,493,18 2. Appoint, as an agent of the department, the clerk of one or more counties to renew the certificates.

AB133-SSA1,493,20 3. Appoint persons who are not employes of the department to renew the certificates as agents of the department.

AB133-SSA1,493,22 (b) Agent activities. 1. The clerk of any county appointed under par. (a) 2. may accept the appointment.

AB133-SSA1,493,24 2. The department may promulgate rules regulating the activities of persons appointed under par (a) 2. and 3.

AB133-SSA1,494,3 (c) Expedited service. The department may establish an expedited service to be provided by the department and agents appointed under par. (a) 2. or 3. for the renewal of certificates of number or certificates of registration.

AB133-SSA1,494,7 (d) Fees. In addition to the applicable renewal fee under sub. (3), the department may authorize that a supplemental renewal fee of $3 be collected for the renewal of certificates of number or certificates of registration that are renewed in any of the following manners:

AB133-SSA1,494,8 1. By agents appointed under par. (a) 2. or 3.

AB133-SSA1,494,9 2. By the department using the expedited service.

AB133-SSA1,494,13 (e) Remittal of fees. An agent appointed under par. (a) 2. or 3. shall remit to the department $2 of each $3 fee collected under par. (d). Any fees remitted to or collected by the department under par. (d) shall be credited to the appropriation account under s. 20.370 (9) (hu).

AB133-SSA1, s. 856 Section 856. 30.52 (2) of the statutes is amended to read:

AB133-SSA1,494,20 30.52 (2) Certification and registration period. The certification and registration period runs for 2 3 years, commencing on April 1 of the year in which the certificate of number or registration is issued and, unless sooner terminated or discontinued in accordance with this chapter, expiring on March 31 of the 2nd 3rd year after issuance. A certificate of number or registration is valid only for the period for which it is issued.

AB133-SSA1, s. 857 Section 857. 30.52 (3) (b) of the statutes is amended to read:

AB133-SSA1,494,23 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 $11 $16.50.

AB133-SSA1, s. 858 Section 858. 30.52 (3) (c) of the statutes is amended to read:

AB133-SSA1,495,3 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 $16 $24.

AB133-SSA1, s. 859 Section 859. 30.52 (3) (d) of the statutes is amended to read:

AB133-SSA1,495,7 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 $30 $45.

AB133-SSA1, s. 860 Section 860. 30.52 (3) (e) of the statutes is amended to read:

AB133-SSA1,495,10 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 $50 $75.

AB133-SSA1, s. 861 Section 861. 30.52 (3) (f) of the statutes is amended to read:

AB133-SSA1,495,14 30.52 (3) (f) Fee for nonmotorized sailboats. Notwithstanding pars. (b) to (e), the fee for the issuance or renewal of a certificate of number for a sailboat which is not a motorboat is $10 $15.

AB133-SSA1, s. 862 Section 862. 30.52 (3) (fm) of the statutes is amended to read:

AB133-SSA1,495,18 30.52 (3) (fm) Fee for voluntarily registered boats. Notwithstanding pars. (b) to (f), the fee for issuance or renewal of registration for a boat registered pursuant to sub. (1) (b) 1m. is $6.50 $9.75.

AB133-SSA1, s. 863 Section 863. 30.52 (3) (h) of the statutes is amended to read:

AB133-SSA1,495,25 30.52 (3) (h) Fee for issuance upon transfer of ownership. Notwithstanding pars. (b) to (g), the fee for the issuance of a certificate of number or registration to the new owner upon transfer of ownership of a boat certified or registered under this chapter by the previous owner is $2.50 $3.75 if the certificate of number or registration is issued for the remainder of the certification and registration period for which the previous certificate of number or registration was issued.

AB133-SSA1, s. 864 Section 864. 30.52 (3) (i) of the statutes is amended to read:

AB133-SSA1,496,7 30.52 (3) (i) Fleet fees. A person owning or holding 3 or more boats may, at the person's option, pay a fleet rate for these boats instead of the fees which otherwise would be payable under pars. (b) to (g). Notwithstanding pars. (b) to (g), the fee for the issuance or renewal of certificates of number or registrations for boats under the fleet rate is $18 $27 plus 50% of the fees which would otherwise be applicable for the boats under pars. (b) to (g).

AB133-SSA1, s. 865 Section 865. 30.52 (3) (im) of the statutes, as created by 1997 Wisconsin Act 198, is amended to read:

AB133-SSA1,496,12 30.52 (3) (im) Dealer or manufacturer fees. A manufacturer or dealer in boats may, at the manufacturer's or dealer's option, pay a fee of $50 $75 for the issuance or renewal of a certificate of number.

AB133-SSA1, s. 865d Section 865d. 30.52 (3e) of the statutes is created to read:

AB133-SSA1,496,22 30.52 (3e) Surcharges. A person who applies for the issuance or renewal of a certificate of number or registration for a motorboat to which sub. (3) (b), (c), (d), (e) or (g) applies shall pay the department a surcharge in addition to the fee under sub. (3). The amount of the surcharge shall be determined by the department by rule and shall be based on the horsepower of the engine of the motorboat covered by the application. The surcharge that is determined by the department for a motorboat less than 16 feet in length may not exceed an amount equal to the amount of the fee for the issuance or renewal of a certificate of number or registration for the motorboat under sub. (3).

AB133-SSA1, s. 866 Section 866. 30.74 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 198, is amended to read:

AB133-SSA1,497,12 30.74 (1) (b) The department shall prescribe the course content, and the form of the certificate and may collect a fee from each person who enrolls in the course. The department may authorize instructors. An instructor conducting such courses meeting standards established by it to retain a course under this subsection shall collect the instruction fee from each person who receives instruction. The department may determine the portion of the this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred locally to operate the program by the instructor in conducting the course. The instructor shall remit the remainder of the fee shall be retained by or, if nothing is retained, the entire fee to the department for the purpose of defraying a part of its expenses incurred to operate the program. The department by rule shall set the fee for the course and the amount of the fee that may be retained by instructors.

AB133-SSA1, s. 867j Section 867j. 30.77 (3) (dm) 1. of the statutes is renumbered 30.77 (3) (dm) 1. (intro.) and amended to read:

AB133-SSA1,497,15 30.77 (3) (dm) 1. (intro.) In this paragraph, "local:

AB133-SSA1,497,20 b. "Local entity" means a city, village, town, county, qualified lake association, as defined in s. 281.68 (1) (b), nonprofit conservation organization, as defined in s. 23.0955 (1), town sanitary district, public inland lake protection and rehabilitation district or another local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.

AB133-SSA1, s. 867m Section 867m. 30.77 (3) (dm) 1. a. of the statutes is created to read:

AB133-SSA1,497,23 30.77 (3) (dm) 1. a. "Boating organization" means a nonstock corporation organized under ch. 181 whose primary purpose is to promote boating activities.

AB133-SSA1, s. 867p Section 867p. 30.77 (3) (dm) 2. (intro.) of the statutes is renumbered 30.77 (2) (dm) 2. and amended to read:

AB133-SSA1,498,4 30.77 (2) (dm) 2. If the department or a local entity objects to an ordinance enacted under par. (a), (ac) 2. or (am) 1. b., on the grounds that all or a portion of the ordinance is contrary to or inconsistent with this chapter, all of the following apply: the procedure under subd. 2r. shall apply.

AB133-SSA1, s. 867s Section 867s. 30.77 (3) (dm) 2. a. of the statutes is renumbered 30.77 (3) (dm) 2r. a. and amended to read:

AB133-SSA1,498,12 30.77 (3) (dm) 2r. a. Upon receipt of an objection under this subdivision subd. 2. or 2g., the department shall order a hearing on the objection under ch. 227. The hearing shall be a contested case hearing, and the administrator of the division of hearings and appeals in the department of administration shall assign a hearing examiner to the hearing as provided in s. 227.43. Persons who are not parties to the contested case may present testimony and evidence at the hearing.

AB133-SSA1, s. 867v Section 867v. 30.77 (3) (dm) 2. b. of the statutes is renumbered 30.77 (3) (dm) 2r. b. and amended to read:

AB133-SSA1,498,17 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

AB133-SSA1,499,2 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.

AB133-SSA1, s. 867x Section 867x. 30.77 (3) (dm) 2g. of the statutes is created to read:

AB133-SSA1,499,8 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.

AB133-SSA1, s. 867xm Section 867xm. 30.92 (4m) of the statutes is repealed.

AB133-SSA1, s. 867y Section 867y. 31.309 (title) of the statutes is amended to read:

AB133-SSA1,499,11 31.309 (title) Portage levee system and canal.

AB133-SSA1, s. 867z Section 867z. 31.309 (1) (am) of the statutes is created to read:

AB133-SSA1,499,14 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.