AB1050: Bill Text

LRB-5626/1

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1995 - 1996 LEGISLATURE

1995 Assembly BILL 1050

March 19, 1996 - Introduced by Representatives Handrick, Porter, Olsen, Powers, Bock, Baldwin, Johnsrud, Brancel, Ourada, Ott, Boyle and Brandemuehl, cosponsored by Senators Welch, Buettner and Cowles. Referred to Committee on Urban and Local Affairs.

AB1050,2,2 An Act to renumber and amend 30.77 (3) (ar), 31.385 (1), 33.235 (1) and 33.24; to amend 20.866 (2) (tL), 20.866 (2) (tx), 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., 30.78 (1g) (b), 30.78 (1g) (c), 30.79 (1) (a), 30.79 (1) (b) 2., 30.81 (1m) (b), 30.81 (1m) (d), 30.81 (3), 30.92 (1) (b), 31.385 (2) (c) 2., 31.385 (3), 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., 30.78 (1g) (am), 30.78 (3) (am), 30.81 (1m) (am), 30.81 (1m) (cm), 30.81 (1m) (cr), 31.385 (1d), 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, conversion of town sanitary districts into public inland lake protection and rehabilitation districts on lakes without contiguous public lands or easements and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, towns, villages and cities (municipalities) and public inland lake protection and rehabilitation districts (lake districts) may enact boating ordinances that are not contrary to state law. An ordinance is valid only if all of the municipalities having jurisdiction on the waters of the lake have enacted an identical ordinance or if at least 50% of these municipalities together have at least 60% of the footage of shoreline on the lake within their boundaries and they have enacted an identical ordinance. In addition, a lake district may enact and enforce ordinances that are applicable to a lake that is entirely within its boundaries if each municipality having jurisdiction on the lake adopts a resolution authorizing the lake district to do so or if at least 50% of these municipalities together have at least 60% of the footage of shoreline of the lake within their boundaries and they adopt resolutions authorizing the lake district to do so.

This bill allows town sanitary districts to enact boating ordinances under the same conditions as lake districts, except that for town sanitary districts only 60% of the footage of shoreline must be within the sanitary district's boundaries.

The bill grants a town sanitary district that meets this 60% footage requirement many of the powers of a lake district. These powers include the power to receive state funding for local water safety patrols, for stream bank protection and urban green space under the stewardship program and for dam improvements.

The bill grants a town sanitary district that has an entire lake within its boundaries the power to enact ordinances governing the operation of seaplanes and snowmobiles on the lake.

The bill also grants town sanitary districts the general power to enact and enforce ordinances.

Under current law, lake districts may exist only for inland lakes that provide public access via contiguous public lands or easements. The bill allows public inland lake protection and rehabilitation districts that are formed from or that incorporate town sanitary districts to exist for inland lakes that do not provide such public access.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB1050, s. 1 Section 1. 20.866 (2) (tL) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1050,3,8 20.866 (2) (tL) Natural resources; segregated revenue supported dam maintenance, repair, modification, abandonment and removal. From the capital improvement fund, a sum sufficient for the department of natural resources to provide financial assistance to counties, cities, villages, towns, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts in conducting dam maintenance, repair, modification, abandonment and removal under s. 31.385. The state may contract public debt in an amount not to exceed $4,000,000 for this purpose.

AB1050, s. 2 Section 2. 20.866 (2) (tx) of the statutes is amended to read:

AB1050,3,16 20.866 (2) (tx) Natural resources; dam maintenance, repair, modification, abandonment and removal. From the capital improvement fund, a sum sufficient for the department of natural resources to provide financial assistance to counties, cities, villages, towns, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts in conducting dam maintenance, repair, modification, abandonment and removal under s. 31.385. The state may contract public debt in an amount not to exceed $5,500,000 for this purpose.

AB1050, s. 3 Section 3. 23.09 (19) of the statutes is amended to read:

AB1050,3,20 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, s. 4 Section 4. 23.094 (1) of the statutes is amended to read:

AB1050,3,24 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, s. 5 Section 5. 30.275 (4) (d) of the statutes is amended to read:

AB1050,4,3 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, s. 6 Section 6. 30.50 (4q) of the statutes is created to read:

AB1050,4,8 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, s. 7 Section 7. 30.77 (1) (intro.) of the statutes is amended to read:

AB1050,4,12 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, s. 8 Section 8. 30.77 (3) (am) 1m. of the statutes is created to read:

AB1050,4,19 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:

AB1050,4,21 a. Each town, village and city having jurisdiction over the lake adopts a resolution authorizing the town sanitary district to do so.

AB1050,4,25 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, s. 9 Section 9. 30.77 (3) (am) 2. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050,5,5 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, s. 10 Section 10. 30.77 (3) (am) 3m. of the statutes is created to read:

AB1050,5,10 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, s. 11 Section 11. 30.77 (3) (am) 3r. of the statutes is created to read:

AB1050,5,15 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:

AB1050,5,17 a. Any conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.

AB1050,5,19 b. Any conflicting provisions of a town sanitary district ordinance enacted under subd. 1m. that are applicable to the lake.

AB1050, s. 12 Section 12. 30.77 (3) (am) 4. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050,6,7 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, s. 13 Section 13. 30.77 (3) (ar) of the statutes, as created by 1995 Wisconsin Act152, is renumbered 30.105 and amended to read:

AB1050,6,14 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, s. 14 Section 14. 30.77 (3) (aw) 1. of the statutes, as created by 1995 Wisconsin Act 152, is amended to read:

AB1050,6,21 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, s. 15 Section 15. 30.77 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050,7,17 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.