ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 661
February 19, 2018 - Offered by Representative Barca.
AB661-AA2,1,3
21. Page 1, line 3: delete “exemptions to certain boating restrictions for
3operators" and substitute “exemptions and local ordinances related to operation".
AB661-AA2,1,6
53. Page 2, line 11: delete “The prohibition" and substitute “Subject to s. 30.77
6(3) (abm), (am) 2m., and (bm), the prohibition".
AB661-AA2,1,8
74. Page 3, line 2: delete “The prohibition" and substitute “Subject to s. 30.77
8(3) (abm), (am) 2m., and (bm), the prohibition".
AB661-AA2,1,10
95. Page 3, line 17: delete “The prohibition" and substitute “Subject to s. 30.77
10(3) (abm), (am) 2m., and (bm), the prohibition".
AB661-AA2,1,12
12“
Section 8m. 30.77 (3) (a) of the statutes is amended to read:
AB661-AA2,2,6
130.77
(3) (a)
Any Except as provided in par. (abm), any town, village
, or city
2may, in the interest of public health, safety
, or welfare, including the public's interest
3in preserving the state's natural resources, enact ordinances applicable on any
4waters of this state within its jurisdiction if the ordinances are not contrary to or
5inconsistent with this chapter and if the ordinances relate to the equipment, use
, or
6operation of boats or to any activity regulated by ss. 30.60 to 30.71.
AB661-AA2,9m
7Section 9m. 30.77 (3) (abm) of the statutes is created to read:
AB661-AA2,2,108
30.77
(3) (abm) Any town, village, or city may enact an ordinance to limit the
9applicability of s. 30.66 (3) (ar) 2. or (b) 2. or s. 30.68 (5) (b) on any waters within its
10jurisdiction.
AB661-AA2,10m
11Section 10m. 30.77 (3) (am) 2. of the statutes is amended to read:
AB661-AA2,2,1512
30.77
(3) (am) 2.
An Except as provided in subd. 2m., an ordinance enacted
13under subd. 1. or 1m. may not be contrary to or inconsistent with this chapter and
14shall relate to the equipment, use
, or operation of boats or to an activity regulated
15by ss. 30.60 to 30.71.
AB661-AA2,11m
16Section 11m. 30.77 (3) (am) 2m. of the statutes is created to read:
AB661-AA2,2,1817
30.77
(3) (am) 2m. An ordinance enacted under subd. 1. or 1m. may limit the
18applicability of s. 30.66 (3) (ar) 2. or (b) 2. or s. 30.68 (5) (b).
AB661-AA2,12m
19Section 12m. 30.77 (3) (am) 3. of the statutes is amended to read:
AB661-AA2,2,2320
30.77
(3) (am) 3. If a public inland lake protection and rehabilitation district
21enacts an ordinance under this paragraph, the lake district ordinance supersedes all
22conflicting provisions of a town, village
, or city ordinance enacted under par. (a)
or
23(abm) that are applicable to the lake.
AB661-AA2,13m
24Section 13m. 30.77 (3) (am) 3m. of the statutes is amended to read:
AB661-AA2,3,4
130.77
(3) (am) 3m. If a town sanitary district enacts an ordinance under this
2paragraph, the town sanitary district ordinance supersedes all conflicting provisions
3of a town, village
, or city ordinance enacted under par. (a)
or (abm) that are applicable
4to the lake.
AB661-AA2,14m
5Section 14m. 30.77 (3) (am) 3r. a. of the statutes is amended to read:
AB661-AA2,3,76
30.77
(3) (am) 3r. a. Any conflicting provisions of a town, village
, or city
7ordinance enacted under par. (a)
or (abm) that are applicable to the lake.
AB661-AA2,15m
8Section 15m. 30.77 (3) (b) of the statutes is amended to read:
AB661-AA2,3,179
30.77
(3) (b)
Any Except as provided in par. (bm), any county may, in the
10interest of public health, safety
, or welfare, including the public's interest in
11preserving the state's natural resources, enact an ordinance applicable on any river
12or stream within its jurisdiction if the ordinance is not contrary to or inconsistent
13with this chapter, and if the ordinance relates to the equipment, use
, or operation of
14boats or to any activity regulated by ss. 30.60 to 30.71. If a county enacts an
15ordinance under this paragraph, the county ordinance supersedes all provisions of
16a town, village
, or city ordinance enacted under par. (a)
or (abm) that is inconsistent
17with the county ordinance.
AB661-AA2,16m
18Section 16m. 30.77 (3) (bm) of the statutes is created to read:
AB661-AA2,3,2019
30.77
(3) (bm) Any county may enact an ordinance to limit the applicability of
20s. 30.66 (3) (ar) 2. or (b) 2. or s. 30.68 (5) (b) on waters within its jurisdiction.
AB661-AA2,17m
21Section 17m. 30.77 (3) (c) of the statutes is amended to read:
AB661-AA2,4,222
30.77
(3) (c) If any county operates any marina development adjacent to any
23waters of this state, the authority conferred upon any town, village
, or city under par.
24(a)
and (abm) shall exclusively vest in the county in respect to enactment of local
1ordinances that relate to the development, operation
, and use of the marina facility
2and its adjoining waters.
AB661-AA2,18m
3Section 18m. 30.77 (3) (cm) (intro.) of the statutes is amended to read:
AB661-AA2,4,74
30.77
(3) (cm) (intro.) In enacting ordinances under par. (a),
(abm), (am)
or, (b)
,
5or (bm) for a given body of water, municipalities and public inland lake protection and
6rehabilitation districts shall take into account factors that include all of the
7following:
AB661-AA2,19m
8Section 19m. 30.77 (3) (cr) (intro.) of the statutes is amended to read:
AB661-AA2,4,109
30.77
(3) (cr) (intro.) The types of ordinances that may be enacted under par.
10(a),
(abm), (am)
or, (b)
, or (bm) include the following:
AB661-AA2,20m
11Section 20m. 30.77 (3) (cr) 5. of the statutes is created to read:
AB661-AA2,4,1412
30.77
(3) (cr) 5. Limitations on the applicability of s. 30.66 (3) (ar) 2. or (b) 2.
13or s. 30.68 (5) (b) to the operation of a hydro-flight device or a personal watercraft
14connected to a hydro-flight device.
AB661-AA2,21m
15Section 21m. 30.77 (3) (dm) 2g. of the statutes is amended to read:
AB661-AA2,4,2016
30.77
(3) (dm) 2g. If a local entity or a boating organization objects to an
17ordinance enacted under par. (a)
or (abm) that applies to a river or stream, or to an
18ordinance enacted under par. (b)
or (bm), on the grounds that all or a portion of the
19ordinance is not necessary for public health, safety, welfare
, or the public's interest
20in preserving the state's natural resources, the procedure under subd. 2r. shall apply.
AB661-AA2,22m
21Section 22m. 33.455 (3) (b) of the statutes is amended to read:
AB661-AA2,5,222
33.455
(3) (b) Notwithstanding s. 30.77 (3) (a)
and (abm), an ordinance, local
23regulation
, or minimum standard as adopted by the county board under this section
24shall apply to the county and to any municipality partially or totally within the
1county and shall supersede any less restrictive and conflicting provision of a
2minimum standard, ordinance
, or local regulation adopted by a municipality.”.