AB150: Bill Text

AB150,708,21 30.49 (1) (f) 1. For violations under par. (c), if the alleged violator has not previously received a warning notice for a violation of the same statutory provision, the law enforcement officer or warden shall issue the violator a warning notice and may not issue a citation.

AB150, s. 1680 Section 1680. 30.49 (1) (f) 4. of the statutes is amended to read:

AB150,709,2 30.49 (1) (f) 4. If the alleged violator fails to comply with the warning notice, the law enforcement officer or warden may issue a citation. If the alleged violator complies with the warning notice, the law enforcement officer or warden may not issue a citation.

AB150, s. 1681 Section 1681. 30.50 (4s) of the statutes is amended to read:

AB150,709,6 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 park ranger appointed under s. 27.92.

AB150, s. 1682 Section 1682. 30.52 (3) (b) of the statutes is amended to read:

AB150,709,9 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 $6.50 $11.

AB150, s. 1683 Section 1683. 30.52 (3) (c) of the statutes is amended to read:

AB150,709,13 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 $8.50 $16.

AB150, s. 1684 Section 1684. 30.52 (3) (d) of the statutes is amended to read:

AB150,709,17 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 $10.50 $30.

AB150, s. 1685 Section 1685. 30.52 (3) (e) of the statutes is amended to read:

AB150,709,20 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 $12.50 $50.

AB150, s. 1686 Section 1686. 30.52 (3) (f) of the statutes is amended to read:

AB150,709,24 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 $6.50 $10.

AB150, s. 1687 Section 1687. 30.52 (3) (i) of the statutes is amended to read:

AB150,710,6 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 $9 $18 plus 50% of the fees which would otherwise be applicable for the boats under pars. (b) to (g).

AB150, s. 1688 Section 1688. 30.54 (2) of the statutes is amended to read:

AB150,710,12 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.

AB150, s. 1689 Section 1689. 30.544 of the statutes is amended to read:

AB150,710,19 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.

AB150, s. 1690 Section 1690. 30.67 (2) (a) of the statutes is amended to read:

AB150,711,3 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.

AB150, s. 1691 Section 1691. 30.71 of the statutes is amended to read:

AB150,711,10 30.71 Boats equipped with toilets. No person may, while maintaining or operating any boat equipped with toilets on inland waters or outlying waters of this state, as defined in s. 29.01 (9) and (11), dispose of any toilet wastes in any manner into the inland or outlying waters of this state. The department of industry, labor and human relations development may promulgate rules necessary to carry out the purposes of this section.

AB150, s. 1692 Section 1692. 30.92 (1) (b) of the statutes is amended to read:

AB150,711,17 30.92 (1) (b) "Governmental unit" means the department of natural resources, the department of tourism and parks, a municipality, a town 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. 66.299 (1) (a), that is established for the purpose of lake management.

AB150, s. 1693 Section 1693. 30.92 (4) (a) of the statutes is amended to read:

AB150,712,4 30.92 (4) (a) The department shall develop and administer, with the approval of the commission, a financial assistance program for governmental units, including itself, and qualified lake associations for the construction and maintenance rehabilitation of capital improvements related to recreational boating facilities, for the maintenance and operation improvement of locks and facilities which provide access between waterways and for the projects specified in par. (b) 8. No financial assistance under this section may be provided to the Fox river management commission for feasibility studies of construction projects or for construction projects. No financial assistance under this section may be provided to the department other than for projects for access to inland lakes without a public access facility.

AB150, s. 1694 Section 1694. 30.92 (4) (b) 2. of the statutes is amended to read:

AB150,712,14 30.92 (4) (b) 2. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50% of any construction, management, operation, acquisition, maintenance rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section. The department may pay, with the approval of the commission, an additional 10% of the costs of a construction project if a the municipality conducts a boating safety enforcement and education program approved by the department.

AB150, s. 1695 Section 1695. 30.92 (4) (b) 7. of the statutes is amended to read:

AB150,712,23 30.92 (4) (b) 7. Projects qualifying for funds available for recreational boating aids under this section include, but are not limited to, construction , rehabilitation and improvement of harbors of refuge on the Great Lakes; accommodation of motor-powered recreational watercraft; construction, rehabilitation and improvement of public access and related facilities on inland waters where motor-powered recreational watercraft are permitted; and management, maintenance and operation improvement of locks and facilities that provide access between waterways for the operators of recreational watercraft.

AB150, s. 1696 Section 1696. 30.92 (6) (b) of the statutes is amended to read:

AB150,713,5 30.92 (6) (b) The department shall assign staff to the commission for management of the program under this section. All staff activities, including but not limited to budgeting, program coordination and related administrative management functions, shall be consistent with the policies of the department and the natural resources board.

AB150, s. 1697 Section 1697. 30.94 (6m) of the statutes is amended to read:

AB150,713,12 30.94 (6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under s. 20.370 (4) (dq) (5) (hu) to the commission for the management, operation, restoration and repair of the Fox river navigational system if Brown county, Calumet county, Fond du Lac county, Outagamie county and Winnebago county contribute matching funds for the management and operation of the Fox river navigational system.

AB150, s. 1698 Section 1698. 30.95 (title) of the statutes is renumbered 31.309 (title) and amended to read:

AB150,713,15 31.309 (title) Portage levee system.

AB150, s. 1699 Section 1699. 30.95 (1) of the statutes is renumbered 31.309 (1) (a) and amended to read:

AB150,713,23 31.309 (1) (a) The department shall provide a grant of $600,000 in fiscal year 1993-94 and of $600,000 in fiscal year 1994-95 in the 1995-97 fiscal biennium from the appropriation under s. 20.370 (4) (bu) 20.866 (2) (tL) to the city of Portage for the amount necessary for the renovation and repair of the portion of the Portage levee. The system that belongs to the city of Portage, but the grant under this section subsection may not exceed $1,200,000 $1,600,000.

AB150, s. 1700 Section 1700. 30.95 (2) of the statutes is repealed.

AB150, s. 1701 Section 1701. 31.307 (4) of the statutes is amended to read:

AB150,714,4 31.307 (4) For purposes of s. 30.92 (4) (b) 6., moneys expended from the appropriation under s. 20.370 (4) (bu) (5) (cq) for the study under sub. (1) shall be considered as amounts expended for projects considered necessary without regard to location.

AB150, s. 1702 Section 1702. 31.309 (1) (title) of the statutes is created to read:

AB150,714,6 31.309 (1) (title) Portage portion of system.

AB150, s. 1703 Section 1703. 31.309 (1) (b) of the statutes is created to read:

AB150,714,12 31.309 (1) (b) When the department determines that the renovation and repair described under par. (a) are complete, the city of Portage shall assume the maintenance of the portion of the Portage levee system that belongs to the city of Portage in a manner that will best protect the surrounding area from the overflow of the Wisconsin River.

AB150, s. 1704 Section 1704. 31.309 (2) (title) of the statutes is created to read:

AB150,714,14 31.309 (2) (title) Lewiston and Caledonia portions of system.

AB150, s. 1705 Section 1705. 31.309 (2) (b) of the statutes is created to read:

AB150,714,19 31.309 (2) (b) The department may expend in fiscal year 1995-96, from the appropriation under s. 20.370 (5) (cq), up to $400,000 for a study concerning the future of strengthening and maintaining, and the possibility of disposing of, the Lewiston and Caledonia portions of the Portage levee system.

****Note: This is reconciled s. 31.309 (2) (b). This Section has been affected by drafts with the following LRB numbers: LRB-0869 and LRB-1023.

AB150, s. 1706 Section 1706. 31.36 (4) of the statutes is renumbered 31.309 (2) (a) and amended to read:

AB150,715,2 31.309 (2) (a) The department shall construct, strengthen and maintain the Lewiston and Caledonia portions of the Portage levee system in such a manner as that will best protect the vicinity surrounding area from the overflow of the Wisconsin River.

AB150, s. 1707 Section 1707. 31.39 (title) of the statutes is amended to read:

AB150,715,4 31.39 (title) Fee Fees for permits and, approvals and hearings.

AB150, s. 1708 Section 1708. 31.39 (1) of the statutes is amended to read:

AB150,715,9 31.39 (1) (title) Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 31.02 to 31.185 and 31.33 to 31.38. The permit or approval fee shall accompany the permit application or request for approval and shall be refunded if the permit is not granted.

AB150, s. 1709 Section 1709. 31.39 (2) of the statutes is repealed and recreated to read:

AB150,715,15 31.39 (2) Amount of fees. (a) For fees charged for permits and approvals under ss. 31.02 to 31.185 and 31.33 to 31.38, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:

AB150,715,17 1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.

AB150,715,19 2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.

AB150,715,21 3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.

AB150,715,24 (b) For conducting a hearing on an application for which notice is provided under s. 31.06 (1), the person requesting the hearing for the permit or approval shall pay a fee of $25.

AB150, s. 1710 Section 1710. 31.39 (2m) of the statutes is created to read:

AB150,716,5 31.39 (2m) Adjustments in fees. (a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. The department may not refund a permit or approval fee after the department determines that the application is complete.

AB150,716,8 (b) If the applicant applies for a permit or requests an approval after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB150,716,11 (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or (b) or 144.0252 is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB150,716,12 (d) The department, by rule, may increase any fee specified in sub. (2).

AB150, s. 1711 Section 1711. 31.39 (3) of the statutes is amended to read:

AB150,716,18 31.39 (3) (title) Exemptions. This section does not apply to any federal agency, or state agency, county, city, village, town, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district, the Dane county lakes and watershed commission or any federally recognized Native American tribal governing body.

AB150, s. 1712 Section 1712. 32.035 (3) of the statutes is amended to read:

AB150,717,5 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 tourism and parks, 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 of each house of the legislature 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.

AB150, s. 1713 Section 1713. 32.19 (2) (b) of the statutes is amended to read:

AB150,717,16 32.19 (2) (b) "Comparable dwelling" means one which, when compared with the dwelling being taken, is substantially equal concerning all major characteristics and functionally equivalent with respect to: the number and size of rooms and closets, area of living space, type of construction, age, state of repair, size and utility of any garage or other outbuilding, type of neighborhood and accessibility to public services and places of employment. "Comparable dwelling" shall meet all of the standard building requirements and other code requirements of the local governmental body and shall also be decent, safe and sanitary and within the financial means of the displaced person, as defined by the department of industry, labor and human relations development.

AB150, s. 1714 Section 1714. 32.19 (2) (e) 1. b. of the statutes is amended to read:

AB150,717,21 32.19 (2) (e) 1. b. As a result of rehabilitation, demolition or other displacing activity, as determined by the department of industry, labor and human relations development, if the person is a tenant-occupant of a dwelling, business or farm operation and the displacement is permanent.

AB150, s. 1715 Section 1715. 32.19 (3) (b) 1. of the statutes is amended to read:

AB150,718,2 32.19 (3) (b) 1. Dwellings. Any displaced person who moves from a dwelling and who elects to accept the payments authorized by this paragraph in lieu of the payments authorized by par. (a) may receive an expense and dislocation allowance, determined according to a schedule established by the department of industry, labor and human relations development.

AB150, s. 1716 Section 1716. 32.19 (3) (b) 2. of the statutes is amended to read:

AB150,718,13 32.19 (3) (b) 2. Business and farm operations. Any displaced person who moves or discontinues his or her business or farm operation, is eligible under criteria established by the department of industry, labor and human relations development by rule and elects to accept payment authorized under this paragraph in lieu of the payment authorized under par. (a), may receive a fixed payment in an amount determined according to criteria established by the department of industry, labor and human relations development by rule, except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others is not eligible for a payment under this subdivision.

AB150, s. 1717 Section 1717. 32.19 (3) (c) of the statutes is amended to read:

AB150,718,23 32.19 (3) (c) Optional payment for businesses. Any displaced person who moves his or her business, and elects to accept the payment authorized in par. (a), may, if otherwise qualified under par. (b) 2., elect to receive the payment authorized under par. (b) 2., minus whatever payment the displaced person received under par. (a), if the displaced person discontinues the business within 2 years of the date of receipt of payment under par. (a), provided that the displaced person meets eligibility criteria established by the department of industry, labor and human relations development by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.

AB150, s. 1718 Section 1718. 32.19 (4) (a) 2. of the statutes is amended to read:

AB150,719,9 32.19 (4) (a) 2. The amount of increased interest expenses and other debt service costs incurred by the owner to finance the purchase of another property substantially similar to the property taken, if at the time of the taking the land acquired was subject to a bona fide mortgage or was held under a vendee's interest in a bona fide land contract, and such mortgage or land contract had been executed in good faith not less than 180 days prior to the initiation of negotiations for the acquisition of such property. The computation of the increased interest costs shall be determined according to rules promulgated by the department of industry, labor and human relations development.

AB150, s. 1719 Section 1719. 32.19 (4) (b) (intro.) of the statutes is amended to read:

AB150,719,20 32.19 (4) (b) Tenants and certain others. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any individual or family displaced from any dwelling which was actually and lawfully occupied by such individual or family for not less than 90 days prior to the initiation of negotiations for the acquisition of such property or, if displacement is not a direct result of acquisition, such other event as determined by the department of industry, labor and human relations development by rule. For purposes of this paragraph, a nonprofit corporation organized under ch. 181 may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under par. (bm), such payment shall be either:

AB150, s. 1720 Section 1720. 32.19 (4m) (a) 2. of the statutes is amended to read: