AB1050, s. 28
5Section
28. 30.81 (1m) (cr) of the statutes is created to read:
AB1050,10,96
30.81
(1m) (cr) If a public inland lake protection and rehabilitation district is
7created for an inland lake after a town sanitary district has enacted ordinances
8under this subsection for the lake, any ordinances enacted by the public inland lake
9protection and rehabilitation district supersede all of the following:
AB1050,10,1110
1. Any conflicting provisions of a town, village or city ordinance enacted under
11sub. (1) that are applicable to the lake.
AB1050,10,1312
2. Any conflicting provisions of a town sanitary district ordinance enacted
13under par. (am) that are applicable to the lake.
AB1050, s. 29
14Section
29. 30.81 (1m) (d) of the statutes is amended to read:
AB1050,10,1815
30.81
(1m) (d) If a town, village or city having jurisdiction on
the a lake rescinds
16the resolution authorizing
the a public inland lake protection and rehabilitation
17district
or town sanitary district to enact and enforce ordinances under this
18paragraph subsection, the
lake district ordinances are void.
AB1050, s. 30
19Section
30. 30.81 (3) of the statutes is amended to read:
AB1050,11,220
30.81
(3) Liability of local government. All traffic on icebound, inland waters
21shall be at the risk of the traveler. An ordinance by any municipality or any public
22inland lake protection and rehabilitation district
or town sanitary district that is
23enacted under this section permitting traffic on icebound inland waters shall not
24render the municipality or lake
district or town sanitary district enacting the
1ordinance liable for any accident to those engaged in permitted traffic while the
2ordinance is in effect.
AB1050, s. 31
3Section
31. 30.92 (1) (b) of the statutes is amended to read:
AB1050,11,94
30.92
(1) (b) "Governmental unit" means the department, a municipality, a
5town lake sanitary district, a public inland lake protection and rehabilitation district
6organized under ch. 33, the Milwaukee River revitalization council, the Lower
7Wisconsin State Riverway board, the Fox River management commission or any
8other local governmental unit, as defined in s. 66.299 (1) (a), that is established for
9the purpose of lake management.
AB1050, s. 32
10Section
32. 31.385 (1) of the statutes is renumbered 31.385 (1m) and amended
11to read:
AB1050,11,1512
31.385
(1m) The department shall promulgate the rules necessary to
13administer a financial assistance program for municipalities
and, public inland lake
14protection and rehabilitation districts
and lake sanitary districts for dam
15maintenance, repair, modification, abandonment and removal.
AB1050, s. 33
16Section
33. 31.385 (1d) of the statutes is created to read:
AB1050,11,1817
31.385
(1d) In this section, "lake sanitary district" has the meaning given in
18s. 30.50 (4q).
AB1050, s. 34
19Section
34. 31.385 (2) (c) 2. of the statutes is amended to read:
AB1050,11,2320
31.385
(2) (c) 2. The municipality
or
, public inland lake protection and
21rehabilitation district
or lake sanitary district has received directives from the
22department or is under order by the department to maintain, repair, modify, abandon
23or remove a dam on August 9, 1989.
AB1050, s. 35
24Section
35. 31.385 (3) of the statutes is amended to read:
AB1050,12,5
131.385
(3) The department shall provide municipalities
and, public inland lake
2protection and rehabilitation districts
and lake sanitary districts with technical
3assistance in conducting dam maintenance, repair, modification, abandonment and
4removal. The department shall coordinate the financial assistance program under
5this section with other related state and federal programs.
AB1050, s. 36
6Section
36. 33.001 (2) (b) of the statutes is amended to read:
AB1050,12,137
33.001
(2) (b) A state effort of research, analysis, planning and financing, and
8a local effort undertaken by
public inland lake protection and rehabilitation districts
9and the Dane county lakes and watershed commission of planning and plan
10implementation are necessary and desirable and that the
local districts should be
11formed by persons directly affected by the deteriorated condition of inland waters
12and willing to assist financially, or through other means, in remedying lake
13problems.
AB1050, s. 37
14Section
37. 33.01 (8) of the statutes is amended to read:
AB1050,12,1915
33.01
(8) "Public inland lake" or "lake" means a lake, reservoir or flowage
16within the boundaries of the state that is accessible to the public via contiguous
17public lands or easements giving public access. "
Lake" also includes any lake,
18reservoir or flowage within the boundaries of the state that is under the jurisdiction
19of a restructured district.
AB1050, s. 38
20Section
38. 33.01 (9g) of the statutes is created to read:
AB1050,12,2321
33.01
(9g) "Restructured district" means a district for a lake that results from
22a conversion under s. 33.235 (1m), a formation under s. 33.235 (2) or a merger under
23s. 33.235 (3).
AB1050, s. 39
24Section
39. 33.14 (3) of the statutes is amended to read:
AB1050,13,6
133.14
(3) Department review. Within 21 days after receipt of the proposed plan
2and applications the department shall advise the
lake district if additional
3information is needed to conduct its technical and environmental review of the
4proposal. If an environmental impact statement is required, the department shall
5complete its environmental impact review before taking final action on the proposed
6plan.
AB1050, s. 40
7Section
40. 33.21 of the statutes is amended to read:
AB1050,13,11
833.21 Public inland lake protection and rehabilitation districts;
9purposes. Public inland lake protection and rehabilitation districts Districts may
10be created for the purpose of undertaking a program of lake protection and
11rehabilitation of a lake or parts thereof within the district.
AB1050, s. 41
12Section
41. 33.22 (4) of the statutes is amended to read:
AB1050,13,1913
33.22
(4) Districts shall not exercise the town sanitary district powers
14authorized under sub. (3) within the boundaries of an incorporated municipality
15unless the governing body of the municipality consents. In addition, districts shall
16not exercise town sanitary district powers in any territory included in an existing
17town sanitary district except by contract under s. 66.30 or unless the sanitary district
18merges
into the public inland lake protection and rehabilitation district under s.
1933.235
(3).
AB1050, s. 42
20Section
42. 33.23 (1) of the statutes is amended to read:
AB1050,14,221
33.23
(1) The governing body of a municipality may by resolution establish a
22public inland lake protection and rehabilitation district if the municipality
23encompasses within its boundaries all the
lake frontage
of the public inland lake 24within this state. Except as provided under sub. (3), the governing body of the
25municipality which establishes the district shall perform the function of the board
1of commissioners.
For purposes of this subsection, "district" does not include a
2restructured district.
AB1050, s. 43
3Section
43. 33.23 (2) of the statutes is amended to read:
AB1050,14,74
33.23
(2) Establishment of
lake districts by towns under this section shall
5conform to the procedures of ss. 33.25 and 33.26 except that the town clerk shall
6perform the functions of the county clerk and the town board shall perform the
7functions of the county board and in addition shall hold the hearing.
AB1050, s. 44
8Section
44. 33.235 (title) of the statutes is amended to read:
AB1050,14,10
933.235 (title)
Conversion
Restructured districts; conversion and
10merger of town sanitary districts.
AB1050, s. 45
11Section
45. 33.235 (1) of the statutes is renumbered 33.235 (1m) and amended
12to read.
AB1050,14,2113
33.235
(1m) A town board by resolution may convert a town sanitary district
14which encompasses all the frontage of a lake within its boundaries into a
public
15inland lake protection and rehabilitation restructured district. The town sanitary
16district commissioners shall serve as the initial board of commissioners until the first
17annual meeting of the
lake restructured district, at which time the commissioners
18shall be selected under s. 33.28. Conversion shall not affect any preexisting rights
19or liabilities of the town sanitary district. All such rights or liabilities shall be
20assumed automatically by the
newly created public inland lake protection and
21rehabilitation restructured district.
AB1050, s. 46
22Section
46. 33.235 (1) of the statutes is created to read:
AB1050,14,2323
33.235
(1) In this section:
AB1050,14,2424
(a) "Lake" means a lake, reservoir or flowage within the boundaries of the state.
AB1050,15,2
1(b) "Lake district" means a public inland lake protection and rehabilitation
2district that does not include a restructured district.
AB1050, s. 47
3Section
47. 33.235 (2) of the statutes is amended to read:
AB1050,15,184
33.235
(2) The commissioners of a town sanitary district that does not
5encompass all the frontage of a lake within its boundaries may, with approval of the
6town board, petition under s. 33.25 for the formation of a
restructured district to
7include the territory of the existing sanitary district and any additional frontage on
8the lake that is deemed appropriate by the commissioners. The commissioners may
9sign the petition for the landowners in the sanitary district. If necessary to meet the
10requirements of s. 33.25, signatures of owners of land lying outside the sanitary
11district shall be obtained.
Creation Formation of a
restructured district that includes
12such additional territory shall not affect any preexisting rights or liabilities of the
13town sanitary district, and all these rights and liabilities shall be assumed
14automatically by the
newly created public inland lake protection and rehabilitation 15restructured district. The method by which these rights and liabilities are
16apportioned within the
newly created restructured district shall be determined by
17the county board, and set out in the order issued under s. 33.26 (3)
creating forming 18the
restructured district.
AB1050, s. 48
19Section
48. 33.235 (3) of the statutes is amended to read:
AB1050,16,1020
33.235
(3) Town A town sanitary
districts district having boundaries
21coterminous or contiguous to a
public inland lake protection and rehabilitation lake 22district may merge into the lake district. Merger is effected by approval of an
23identical merger resolution by a two-thirds vote of the commissioners of
each district 24the town sanitary district and the lake district, followed by ratification by a majority
25of those voting at an annual or special meeting of
a
the lake district and a majority
1of those voting in a referendum of the town sanitary district under s. 60.785 (2).
2Merger may not become effective unless the town board which created the sanitary
3district approves the merger. The commissioners of
each the town sanitary district
4and the district shall act jointly until the next annual or special meeting, whichever
5occurs first, of the
restructured district at which time the board of the
merged 6restructured district shall be created subject to the requirements under s. 33.28.
7Merger does not affect the preexisting rights or liabilities of the
districts town
8sanitary district or the lake district. All these rights and liabilities are assumed
9automatically by the
merged restructured district, but the method of discharging
10these rights or obligations shall be set out in the merger resolution.
AB1050, s. 49
11Section
49. 33.235 (4) of the statutes is amended to read:
AB1050,16,1712
33.235
(4) Any
restructured district
which results from the conversion of a town
13sanitary district under sub. (1), the formation of a district from a preexisting town
14sanitary district under sub. (2), or the merger with a town sanitary district under
15sub. (3), shall have all powers granted to districts under this chapter and to town
16sanitary districts under ch. 60, except the taxation power under s. 60.77 (6) (b). Such
17powers shall be exercised using the procedures and methods set out in this chapter.
AB1050, s. 50
18Section
50. 33.24 of the statutes is renumbered 33.24 (2) and amended to read:
AB1050,16,2419
33.24
(2) The county board of any county may establish
public inland lake
20protection and rehabilitation districts within the county if the conditions stated in
21s. 33.26 are found to exist. Before a district that includes any portion of a city or
22village
, may be formed under authority of this section
, the city council or village
23board must have previously approved the inclusion of its territory within the
24boundaries of a proposed district.
AB1050, s. 51
25Section
51. 33.24 (1) of the statutes is created to read:
AB1050,17,2
133.24
(1) Notwithstanding s. 33.01 (3), in this section, "district" does not
2include a restructured district.
AB1050, s. 52
3Section
52. 33.25 (1) (a) of the statutes is amended to read:
AB1050,17,114
33.25
(1) (a) Before a county board may establish a district under s.
33.235 or 533.24, a petition requesting establishment shall be filed with the county clerk,
6addressed to the board and signed by persons constituting 51% of the landowners or
7the owners of 51% of the lands within the proposed district. Governmental
8subdivisions, other than the state or federal governments, owning lands within the
9proposed district are eligible to sign such petition. A city council or village or town
10board may by resolution represent persons owning lands within the proposed district
11who are within its jurisdiction, and sign for all such landowners.
AB1050, s. 53
12Section
53. 33.30 (1) of the statutes is amended to read:
AB1050,17,1613
33.30
(1) Every
public inland lake protection and rehabilitation district shall
14have an annual meeting. Each annual meeting shall be scheduled during the time
15period between May 22 and September 8 unless scheduled outside those dates by
16majority vote of the previous annual meeting.
AB1050, s. 54
17Section
54. 33.305 (1) of the statutes is amended to read:
AB1050,17,2118
33.305
(1) The board of commissioners of a
public inland lake protection and
19rehabilitation district may schedule a special meeting of the district at any time. The
20board of commissioners shall schedule a special meeting upon receipt of a petition
21signed by at least 10% of the electors and property owners in the district.
AB1050, s. 55
22Section
55. 60.77 (5m) of the statutes is created to read:
AB1050,17,2523
60.77
(5m) Authority to enact ordinances. The commission may enact and
24enforce ordinances to implement the powers listed under sub. (5). The ordinances
25shall be published as a class 1 notice under ch. 985.
AB1050, s. 56
1Section
56. 60.782 of the statutes is created to read:
AB1050,18,5
260.782 Power to act as a public inland lake protection and
3rehabilitation district. (1) In this section, "public inland lake" means a lake,
4reservoir or flowage within the boundaries of the state that is accessible to the public
5via contiguous public lands or easements giving public access.
AB1050,18,9
6(2) A town sanitary district that has at least 60% of the footage of shoreline
7of a public inland lake within its boundaries for which a public inland lake protection
8and rehabilitation district is not in effect may do any of the following that is
9authorized by the commission:
AB1050,18,1110
(a) Create, operate and maintain a water safety patrol unit, as defined in s.
1130.79 (1) (b) 2.
AB1050,18,1312
(b) Undertake projects to enhance the recreational uses of the public inland
13lake, including recreational boating facilities, as defined in s. 30.92 (1) (c).
AB1050,18,1614
(c) Appropriate money for the conservation of natural resources or for payment
15to a bona fide nonprofit organization for the conservation of natural resources within
16the district or beneficial to the district.
AB1050,18,1917
(d) Lease or acquire, including by condemnation, any real property situated in
18this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275
19(4).
AB1050,18,23
20(3) The commissioners of a town sanitary district that has the powers of a
21public inland lake protection and rehabilitation district under sub. (2) shall possess
22the powers of the board of commissioners of a public inland lake protection and
23rehabilitation district that are authorized by resolution of the town sanitary district.
AB1050, s. 57
24Section
57. 66.119 (1) (a) of the statutes is amended to read:
AB1050,19,4
166.119
(1) (a) The governing body of any county, town, city, village
, town
2sanitary district or public inland lake protection and rehabilitation district may by
3ordinance adopt and authorize the use of a citation to be issued for violations of
4ordinances, including ordinances for which a statutory counterpart exists.
AB1050, s. 58
5Section
58. 66.119 (2) (a) of the statutes is amended to read:
AB1050,19,166
66.119
(2) (a) Citations authorized under this section may be issued by law
7enforcement officers of the county, town, city, village
, town sanitary district or public
8inland lake protection and rehabilitation district. In addition, the governing body
9of a county, town, city, village
, town sanitary district or public inland lake protection
10and rehabilitation district may designate by ordinance or resolution other county,
11town, city, village
, town sanitary district or public inland lake protection and
12rehabilitation district officials who may issue citations with respect to ordinances
13which are directly related to the official responsibilities of the officials. Officials
14granted the authority to issue citations may delegate, with the approval of the
15governing body, the authority to employes. Authority delegated to an official or
16employe shall be revoked in the same manner by which it is conferred.
AB1050, s. 59
17Section
59. 66.119 (3) (c) of the statutes is amended to read:
AB1050,20,1518
66.119
(3) (c) If the alleged violator makes a cash deposit and fails to appear
19in court, the citation may serve as the initial pleading and the violator shall be
20considered to have tendered a plea of no contest and submitted to a forfeiture, the
21penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
22(1) and any applicable domestic abuse assessment imposed by s. 973.055 (1) not
23exceeding the amount of the deposit. The court may either accept the plea of no
24contest and enter judgment accordingly or reject the plea. If the court finds the
25violation meets the conditions in s. 800.093 (1), the court may summon the alleged
1violator into court to determine if restitution shall be ordered under s. 800.093. If
2the court accepts the plea of no contest, the defendant may move within 10 days after
3the date set for the appearance to withdraw the plea of no contest, open the judgment
4and enter a plea of not guilty if the defendant shows to the satisfaction of the court
5that the failure to appear was due to mistake, inadvertence, surprise or excusable
6neglect. If the plea of no contest is accepted and not subsequently changed to a plea
7of not guilty, no costs or fees may be taxed against the violator, but a penalty
8assessment, a jail assessment and, if applicable, a domestic abuse assessment shall
9be assessed. If the court rejects the plea of no contest, an action for collection of the
10forfeiture, penalty assessment, jail assessment and any applicable domestic abuse
11assessment may be commenced. A city, village
, town sanitary district or public
12inland lake protection and rehabilitation district may commence action under s.
1366.12 (1) and a county or town may commence action under s. 778.10. The citation
14may be used as the complaint in the action for the collection of the forfeiture, penalty
15assessment, jail assessment and any applicable domestic abuse assessment.
AB1050, s. 60
16Section
60. 66.119 (3) (d) of the statutes is amended to read:
AB1050,21,1217
66.119
(3) (d) If the alleged violator does not make a cash deposit and fails to
18appear in court at the time specified in the citation, the court may issue a summons
19or warrant for the defendant's arrest or consider the nonappearance to be a plea of
20no contest and enter judgment accordingly if service was completed as provided
21under par. (e) or the county, town, city, village
, town sanitary district or public inland
22lake protection and rehabilitation district may commence an action for collection of
23the forfeiture, penalty assessment and jail assessment and any applicable domestic
24abuse assessment. A city, village
, town sanitary district or public inland lake
25protection and rehabilitation district may commence action under s. 66.12 (1) and a
1county or town may commence action under s. 778.10. The citation may be used as
2the complaint in the action for the collection of the forfeiture, penalty assessment and
3jail assessment and any applicable domestic abuse assessment. If the court
4considers the nonappearance to be a plea of no contest and enters judgment
5accordingly, the court shall promptly mail a copy or notice of the judgment to the
6defendant. The judgment shall allow the defendant not less than 20 days from the
7date of the judgment to pay any forfeiture, penalty assessment and jail assessment
8and any applicable domestic abuse assessment imposed. If the defendant moves to
9open the judgment within 6 months after the court appearance date fixed in the
10citation, and shows to the satisfaction of the court that the failure to appear was due
11to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the
12judgment, accept a not guilty plea and set a trial date.
AB1050, s. 61
13Section
61. 66.119 (3) (e) of the statutes is amended to read:
AB1050,21,1714
66.119
(3) (e) A judgment may be entered under par. (d) if the summons or
15citation was served as provided under s. 968.04 (3) (b) 2. or by personal service by a
16county, town, city, village
, town sanitary district or public inland lake protection and
17rehabilitation district employe.
AB1050, s. 62
18Section
62. 66.12 (1) (a) of the statutes is amended to read:
AB1050,22,1619
66.12
(1) (a) An action for violation of an ordinance or bylaw enacted by a city,
20village
, town sanitary district or public inland lake protection and rehabilitation
21district is a civil action. All forfeitures and penalties imposed by any ordinance or
22bylaw of the city, village
, town sanitary district or public inland lake protection and
23rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in
24an action in the name of the city or village before the municipal court or in an action
25in the name of the city, village
, town sanitary district or public inland lake protection
1and rehabilitation district before a court of record. If the action is in municipal court,
2the procedures under ch. 800 apply and the procedures under this section do not
3apply. If the action is in a court of record, it shall be commenced by warrant or
4summons under s. 968.04 or, if applicable, by citation under s. 778.25 or 778.26. A
5law enforcement officer may arrest the offender in all cases without warrant under
6s. 968.07. The affidavit where the action is commenced by warrant may be the
7complaint. The affidavit or complaint shall be sufficient if it alleges that the
8defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by
9section, chapter, title or otherwise with sufficient plainness to identify the ordinance
10or bylaw. The judge may release a defendant without bail or may permit him or her
11to execute an unsecured appearance bond upon arrest. In arrests without a warrant
12or summons a statement on the records of the court of the offense charged shall stand
13as the complaint unless the court directs that formal complaint be issued. In all
14actions under this paragraph the defendant's plea shall be guilty, not guilty or no
15contest and shall be entered as not guilty on failure to plead, which plea of not guilty
16shall put all matters in the case at issue, any other provision of law notwithstanding.
AB1050, s. 63
17Section
63. 66.12 (1) (b) of the statutes is amended to read:
AB1050,23,1918
66.12
(1) (b) Local ordinances, except as provided in this paragraph or ss.
19345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
20or all violations under those ordinances, and may designate the manner in which the
21stipulation is to be made and fix the penalty to be paid. When a person charged with
22a violation for which stipulation of guilt or no contest is authorized makes a timely
23stipulation and pays the required penalty and pays the penalty assessment imposed
24by s. 165.87, the jail assessment imposed by s. 302.46 (1) and any applicable domestic
25abuse assessment imposed by s. 973.055 (1) to the designated official, the person
1need not appear in court and no witness fees or other additional costs may be taxed
2unless the local ordinance so provides. A court appearance is required for a violation
3of a local ordinance in conformity with s. 346.63 (1). The official receiving the
4penalties shall remit all moneys collected to the treasurer of the city, village
, town
5sanitary district or public inland lake protection and rehabilitation district in whose
6behalf the sum was paid, except that all jail assessments shall be remitted to the
7county treasurer, within 20 days after its receipt by him or her; and in case of any
8failure in the payment, the treasurer may collect the payment of the officer by action,
9in the name of the office, and upon the official bond of the officer, with interest at the
10rate of 12% per year from the time when it should have been paid. In the case of the
11penalty assessment imposed by s. 165.87, the driver improvement surcharge
12imposed by s. 346.655 (1) and any applicable domestic abuse assessment imposed by
13s. 973.055 (1), the treasurer of the city, village
, town sanitary district or public inland
14lake protection and rehabilitation district shall remit to the state treasurer the sum
15required by law to be paid on the actions so entered during the preceding month on
16or before the first day of the next succeeding month. The governing body of the city,
17village
, town sanitary district or public inland lake protection and rehabilitation
18district shall by ordinance designate the official to receive the penalties and the
19terms under which the official shall qualify.
AB1050, s. 64
20Section
64. 66.12 (2) of the statutes is amended to read:
AB1050,24,721
66.12
(2) Appeals. Appeals in actions in courts of record to recover forfeitures
22and penalties imposed by any ordinance or bylaw of a city, village
, town sanitary
23district or public inland lake protection and rehabilitation district may be taken
24either by the defendant or by the city, village
, town sanitary district or public inland
25lake protection and rehabilitation district. Appeals from circuit court in actions to
1recover forfeitures for ordinances enacted under ch. 349 shall be to the court of
2appeals. An appeal by the defendant shall include a bond to the city, village
, town
3sanitary district or public inland lake protection and rehabilitation district with
4surety, to be approved by the judge, conditioned that if judgment is affirmed in whole
5or in part the defendant will pay the judgment and all costs and damages awarded
6against the defendant on the appeal. If the judgment is affirmed in whole or in part,
7execution may issue against both the defendant and the surety.
AB1050, s. 65
8Section
65. 66.12 (3) (b) of the statutes is amended to read:
AB1050,24,219
66.12
(3) (b) All forfeitures and penalties recovered for the violation of any
10ordinance or bylaw of any city, village, town
, town sanitary district or public inland
11lake protection and rehabilitation district shall be paid into the city, village, town
,
12town sanitary district or public inland lake protection and rehabilitation district
13treasury for the use of the city, village, town
, town sanitary district or public inland
14lake protection and rehabilitation district, except as otherwise provided in par. (c),
15sub. (1) (b) and s. 165.87. The judge shall report and pay into the treasury, quarterly,
16or at more frequent intervals if so required, all moneys collected belonging to the city,
17village, town
, town sanitary district or public inland lake protection and
18rehabilitation district, which report shall be certified and filed in the office of the
19treasurer; and the judge shall be entitled to duplicate receipts for such moneys, one
20of which he or she shall file with the city, village or town clerk
or with the town
21sanitary district or the public inland lake protection and rehabilitation district.
AB1050, s. 66
22Section
66. 115.375 (2) (a) 1m. of the statutes is created to read:
AB1050,24,2423
115.375
(2) (a) 1m. "Lake sanitary district" has the meaning given in s. 30.50
24(4q).