Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,240,3 805. Page 492, line 3: delete lines 3 to 24.

SB55-SSA1-CA1,240,4 806. Page 494, line 8: after that line insert:

SB55-SSA1-CA1,240,5 " Section 1252m. 30.121 (3g) of the statutes is created to read:

SB55-SSA1-CA1,240,10 30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.".

SB55-SSA1-CA1,240,11 807. Page 494, line 19: after that line insert:

SB55-SSA1-CA1,240,12 " Section 1255d. 30.134 (1) (e) of the statutes is repealed.

SB55-SSA1-CA1, s. 1255h Section 1255h. 30.134 (2) of the statutes is amended to read:

SB55-SSA1-CA1,240,17 30.134 (2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian to engage in a water-related recreational activity only if it is necessary to exit the body of water to bypass an obstruction.

SB55-SSA1-CA1, s. 1255j Section 1255j. 30.134 (3) (a) (intro.) of the statutes is renumbered 30.134 (3) (a) and amended to read:

SB55-SSA1-CA1,240,24 30.134 (3) (a) In engaging in a water-related recreational activity in the using an exposed shore area of a stream, as authorized under sub. (2), a member of the public may not do any of the following: enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.

SB55-SSA1-CA1, s. 1255k Section 1255k. 30.134 (3) (a) 1. of the statutes is repealed.

SB55-SSA1-CA1, s. 1255n Section 1255n. 30.134 (3) (a) 2. of the statutes is repealed.

SB55-SSA1-CA1, s. 1255p Section 1255p. 30.134 (3) (a) 3. of the statutes is repealed.

SB55-SSA1-CA1, s. 1255q Section 1255q. 30.134 (3) (a) 4. of the statutes is repealed.

SB55-SSA1-CA1, s. 1255r Section 1255r. 30.134 (3) (a) 5. of the statutes is repealed.

SB55-SSA1-CA1, s. 1255s Section 1255s. 30.134 (3) (a) 6. of the statutes is repealed.

SB55-SSA1-CA1, s. 1255t Section 1255t. 30.134 (3) (a) 7. of the statutes is repealed.

SB55-SSA1-CA1, s. 1255u Section 1255u. 30.134 (3) (b) of the statutes is repealed.

SB55-SSA1-CA1, s. 1255v Section 1255v. 30.134 (5) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,241,12 30.134 (5) Exceptions. (intro.) The right granted to the public to engage in recreational activities on under this section to use an exposed shore area of a stream does not apply to any of the following:".

SB55-SSA1-CA1,241,13 808. Page 497, line 21: after that line insert:

SB55-SSA1-CA1,241,14 " Section 1261gk. 30.204 (1) of the statutes is amended to read:

SB55-SSA1-CA1,241,17 30.204 (1) Authorization. Between May 15, 1984, and January 1, 2002 2008, the department is authorized to conduct a lake acidification experiment on the lake specified under sub. (2).".

SB55-SSA1-CA1,241,18 809. Page 497, line 21: after that line insert:

SB55-SSA1-CA1,241,19 " Section 1261k. 30.2026 of the statutes is created to read:

SB55-SSA1-CA1,241,23 30.2026 Lake Belle View and Sugar River project. (1) Authorization. (a) Subject to the restrictions under sub. (2), the village of Belleville may place fill on all or part of the portion of the bed of Lake Belle View located in Dane County for any of the following purposes:

SB55-SSA1-CA1,241,24 1. Improving fish and wildlife habitat.

SB55-SSA1-CA1,242,1 2. Creating and enhancing wetlands.

SB55-SSA1-CA1,242,2 3. Improving the water quality of Lake Belle View and the Sugar River.

SB55-SSA1-CA1,242,4 4. Enhancing the recreational use and aesthetic enjoyment of Lake Belle View and the Sugar River.

SB55-SSA1-CA1,242,6 5. Separating Lake Belle View from the Sugar River by creating an artificial barrier from lake bottom sediments or by other means.

SB55-SSA1-CA1,242,7 6. Creating suitable lake bottom depths or contours in Lake Belle View.

SB55-SSA1-CA1,242,8 7. Promoting the growth of desirable wetland plants.

SB55-SSA1-CA1,242,11 (b) Any lake bottom sediments that are unsuitable for the creation of an artificial barrier under par. (a) 5. may be placed in any agricultural field that is adjacent to Lake Belle View.

SB55-SSA1-CA1,242,14 (c) If the village of Belleville creates an artificial barrier from lake bottom sediments under par. (a) 5., the village of Belleville shall also place lake bottom sediments in adjacent areas for the purpose of creating and enhancing wetlands.

SB55-SSA1-CA1,242,16 (2) Requirements. (a) The village of Belleville shall obtain approval from the department for any placement of fill material as authorized under sub. (1).

SB55-SSA1-CA1,242,19 (b) The village of Belleville shall submit to the department any plans or other information that the department considers necessary for it to effectively determine whether to grant approval under par. (a).

SB55-SSA1-CA1,242,21 (c) The village of Belleville shall ensure that all of the following apply to any artificial barrier created as authorized under sub. (1).

SB55-SSA1-CA1,242,23 1. The barrier does not materially obstruct navigation or reduce the effective flood flow capacity of a stream.

SB55-SSA1-CA1,242,24 2. The barrier is not detrimental to the public interest.

SB55-SSA1-CA1,243,2 3. The barrier is owned by a public entity and the public is granted free access to the barrier.

SB55-SSA1-CA1,243,4 4. Access by the public to the barrier is limited to use as open space for recreational purposes.

SB55-SSA1-CA1,243,6 5. The barrier remains in as natural a condition as is practicable, as determined by the department.

SB55-SSA1-CA1,243,8 6. No structure, except those necessary in order to effectuate a purpose specified in sub. (1) (a), are placed on the barrier.

SB55-SSA1-CA1,243,11 (d) The village of Belleville shall create any artificial barrier under this section in compliance with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2).

SB55-SSA1-CA1,243,21 (3) Conditions. (a) The village of Belleville shall maintain any artificial barrier created as authorized under sub. (1). If a landowner of more than 500 feet of Lake Belle View shoreline, a portion of which is located within 1,000 feet of any such artificial barrier, is dissatisfied with the manner in which the village of Belleville is maintaining the barrier, the owner may maintain the barrier in lieu of the village, upon approval of the department. The village or a landowner who maintains the barrier shall comply with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2). The department may require the village of Belleville or the landowner to maintain the barrier in a structurally and functionally adequate condition.

SB55-SSA1-CA1,243,24 (b) The village of Belleville shall ensure that any construction draw down of Lake Belle View related to the creation of any artificial barrier authorized under sub. (1) occurs only once.

SB55-SSA1-CA1,244,3 (4) Costs. Any costs incurred by the state to construct, maintain, improve, or remove any artificial barrier created as authorized under sub. (1) shall be paid by the village of Belleville or its successors or assigns.

SB55-SSA1-CA1,244,7 (5) Immunity. The state and its officers, employees, and agents are immune from liability for acts or omissions that cause damage or injury and that relate to the construction, maintenance, or use of any artificial barrier created as authorized under sub. (1).".

SB55-SSA1-CA1,244,8 810. Page 498, line 6: after that line insert:

SB55-SSA1-CA1,244,9 " Section 1261p. 30.265 of the statutes is created to read:

SB55-SSA1-CA1,244,16 30.265 Adopt a river program. The department shall establish an adopt a river program to encourage program volunteers to clean up a specified portion of a lake, river, wetland, or ravine. The department shall supply to the volunteers educational support and necessary supplies. The department shall keep records of information related to the program, including the pounds of rubbish collected, the number of volunteer hours provided, and descriptions of the debris found. The department shall publicly recognize volunteers who participate in the program.".

SB55-SSA1-CA1,244,17 811. Page 498, line 6: after that line insert:

SB55-SSA1-CA1,244,18 " Section 1261r. 30.277 (1m) (a) of the statutes is amended to read:

SB55-SSA1-CA1,244,23 30.277 (1m) (a) Beginning in fiscal year 1992-93, from the appropriation under s. 20.866 (2) (tz), the department shall award grants to governmental units to assist 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, subject to the agreement under s. 23.0917 (4r).".

SB55-SSA1-CA1,244,24 812. Page 499, line 4: after that line insert:

SB55-SSA1-CA1,245,1 " Section 1266m. 30.50 (4s) of the statutes is amended to read:

SB55-SSA1-CA1,245,4 30.50 (4s) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) or a state forest ranger appointed under s. 28.92.".

SB55-SSA1-CA1,245,5 813. Page 507, line 12: after that line insert:

SB55-SSA1-CA1,245,6 " Section 1304g. 30.54 (2) of the statutes is amended to read:

SB55-SSA1-CA1,245,11 30.54 (2) If a person applies for a replacement certificate under sub. (1), conservation wardens or local law enforcement officials law enforcement officers, after presenting appropriate credentials to the owner or legal representative of the owner named in the certificate of title, shall inspect the boat's engine serial number or hull identification number, for purposes of verification or enforcement.

SB55-SSA1-CA1, s. 1304r Section 1304r. 30.544 of the statutes is amended to read:

SB55-SSA1-CA1,245,18 30.544 Inspection of boats purchased out-of-state. For purposes of enforcement, conservation wardens or local law enforcement officials law enforcement officers, after presenting appropriate credentials to the owner of a boat which was purchased outside of this state and which is subject to the certificate of title requirements of this chapter, shall inspect the boat's engine serial number or hull identification number.".

SB55-SSA1-CA1,245,19 814. Page 507, line 23: after that line insert:

SB55-SSA1-CA1,245,20 " Section 1306m. 30.67 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,246,4 30.67 (2) (a) If a boating accident results in death or injury to any person, the disappearance of any person from a boat under circumstances indicating death or injury, or property damage, every operator of a boat involved in an accident shall, without delay and by the quickest means available, give notice of the accident to a conservation warden or local law enforcement officer and shall file a written report with the department on the form prescribed by it. The department shall promulgate rules necessary to keep accident reporting requirements in conformity with rules adopted by the U.S. coast guard.".

SB55-SSA1-CA1,246,5 815. Page 509, line 25: after that line insert:

SB55-SSA1-CA1,246,6 " Section 1319m. 30.92 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,246,12 30.92 (1) (b) "Governmental unit" means the department of natural resources, the department of forestry, a municipality, a 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. 66.0131 (1) (a), that is established for the purpose of lake management.".

SB55-SSA1-CA1,246,13 816. Page 510, line 13: after that line insert:

SB55-SSA1-CA1,246,14 " Section 1328m. 30.92 (3) (b) 7. of the statutes is amended to read:

SB55-SSA1-CA1,246,16 30.92 (3) (b) 7. Location of the proposed project within the region identified in s. 25.29 (7) (a) 25.28 (3) (am).".

SB55-SSA1-CA1,246,17 817. Page 512, line 3: after that line insert:

SB55-SSA1-CA1,246,18 " Section 1345b. 31.385 (5) of the statutes is created to read:

SB55-SSA1-CA1,247,3 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.".

SB55-SSA1-CA1,247,4 818. Page 512, line 3: after that line insert:

SB55-SSA1-CA1,247,5 " Section 1344g. 31.309 (1) (ag) of the statutes is created to read:

SB55-SSA1-CA1,247,9 31.309 (1) (ag) The department shall provide a grant of $350,000 in fiscal year 2001-2002 and a grant of $350,000 in fiscal year 2002-2003 from the appropriation under s. 20.370 (5) (cq) to the city of Portage for the renovation and repair of the Portage canal.".

SB55-SSA1-CA1,247,10 819. Page 512, line 6: after that line insert:

SB55-SSA1-CA1,247,11 " Section 1346j. 34.05 (4) of the statutes is amended to read:

SB55-SSA1-CA1,247,15 34.05 (4) Money from the appropriation under s. 20.143 (1) (fm) shall be deposited in a public depository located in this state that is at least 51% owned by a minority group member or minority group members, as defined in s. 560.036 (1) (f) a minority business certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-CA1,247,16 820. Page 512, line 6: after that line insert:

SB55-SSA1-CA1,247,17 " Section 1345cm. 31.387 of the statutes is created to read:

SB55-SSA1-CA1,247,24 31.387 Dam rehabilitation projects. The department shall establish and administer a grant program under which the department shall provide grants to counties to rehabilitate dams located in those counties. The department may only provide a grant for a project under this section to match federal funds provided for the project under the federal Watershed Protection and Flood Prevention Act of 1953 (Public Law 83-566). The department shall promulgate rules necessary to implement this section.".

SB55-SSA1-CA1,248,1 821. Page 512, line 6: after that line insert:

SB55-SSA1-CA1,248,2 " Section 1346g. 32.02 (15m) of the statutes is created to read:

SB55-SSA1-CA1,248,5 32.02 (15m) The department of forestry with the approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof and as authorized by law, for acquisition of lands.

SB55-SSA1-CA1, s. 1346r Section 1346r. 32.035 (3) of the statutes is amended to read:

SB55-SSA1-CA1,248,17 32.035 (3) Procedure. The condemnor shall notify the department of any project involving the actual or potential exercise of the powers of eminent domain affecting a farm operation. If the condemnor is the department of natural resources or the department of forestry, the notice required by this subsection shall be given at the time that permission of the senate and assembly appropriate standing committees on natural resources is sought under s. 23.09 (2) (d) or, 27.01 (2) (a), or 28.02 (2). To prepare an agricultural impact statement under this section, the department may require the condemnor to compile and submit information about an affected farm operation. The department shall charge the condemnor a fee approximating the actual costs of preparing the statement. The department may not publish the statement if the fee is not paid.".