SB585: Bill Text

LRB-3374/1

MGG:kmg:kat

1995 - 1996 LEGISLATURE

1995 Senate BILL 585

February 28, 1996 - Introduced by Senators Welch and Buettner, cosponsored by Representatives Porter, Olsen, Handrick, Powers, Bock and Baldwin. Referred to Committee on Transportation, Agriculture and Local Affairs.

SB585,1,11 An Act 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.), 30.78 (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), 31.385 (1), 31.385 (2) (c) 2., 31.385 (3), 60.77 (5) (h), 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 30.77 (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) and 60.782 of the statutes; relating to: town sanitary districts having the powers of public inland lake protection and rehabilitation districts 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 ordi nances that are not contrary to state law. An ordinance is valid only if all of the mu nicipalities 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 municipali ty 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 foot age of shoreline of the lake within their boundaries and they adopt resolutions autho rizing the lake district to do so.

This bill allows town sanitary districts to enact boating ordinances under the same conditions as lake districts.

This bill grants town sanitary districts many of the powers of lake districts. These powers include:

1. The power to enact ordinances governing the operation of seaplanes and snowmobiles on a lake entirely within the boundaries of the sanitary district.

2. 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.

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:

SB585, s. 1 Section 1. 20.866 (2) (tL) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB585,2,9 20.866 (2) (tL) Natural resources; segregated revenue supported dam mainte nance, repair, modification, abandonment and removal. From the capital improve ment fund, a sum sufficient for the department of natural resources to provide finan cial assistance to counties, cities, villages, towns, town sanitary districts and public inland lake protection and rehabilitation districts in conducting dam maintenance, repair, modification, abandonment and removal under s. 31.385. The state may con tract public debt in an amount not to exceed $4,000,000 for this purpose.

SB585, s. 2 Section 2. 20.866 (2) (tx) of the statutes is amended to read:

SB585,3,3 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, ci ties, villages, towns, town sanitary districts and public inland lake protection and rehabilitation districts in conducting dam maintenance, repair, modification, aban donment and removal under s. 31.385. The state may contract public debt in an amount not to exceed $5,500,000 for this purpose.

SB585, s. 3 Section 3. 23.09 (19) of the statutes is amended to read:

SB585,3,7 23.09 (19) (a) In this subsection, "local governmental unit" means a city, village, town, county, town sanitary district or public inland lake protection and rehabilita tion district.

SB585, s. 4 Section 4. 23.094 (1) of the statutes is amended to read:

SB585,3,11 23.094 (1) Definition. In this section, "political subdivision" means city, vil lage, town, county, town sanitary district or public inland lake protection and rehabi litation district.

SB585, s. 5 Section 5. 30.275 (4) (d) of the statutes is amended to read:

SB585,3,15 30.275 (4) (d) Provide grants to municipalities, town sanitary districts and pub lic inland lake protection and rehabilitation districts to undertake any of the activi ties under pars. (a) to (c).

SB585, s. 6 Section 6. 30.77 (1) (intro.) of the statutes is amended to read:

SB585,3,19 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:

SB585, s. 7 Section 7. 30.77 (3) (am) 1m. of the statutes is created to read:

SB585,3,25 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 re sources, enact and enforce ordinances applicable to a lake entirely within its bound aries if no public inland lake protection and rehabilitation district has in effect any ordinances enacted under subd. 1. for the lake and any one of the following occurs:

SB585,4,2 a. Each town, village and city having jurisdiction over the lake adopts a resolu tion authorizing the town sanitary district to do so.

SB585,4,6 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 ordi nances, and at least 60% of the footage of shoreline of the lake is within the bound aries of these towns, villages and cities.

SB585, s. 8 Section 8. 30.77 (3) (am) 2. of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 252), is amended to read:

SB585,4,11 30.77 (3) (am) 2. An ordinance enacted under subd. 1. or 1m. may not be con trary 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.

SB585, s. 9 Section 9. 30.77 (3) (am) 3m. of the statutes is created to read:

SB585,4,15 30.77 (3) (am) 3m. If a town sanitary district enacts an ordinance under this paragraph, the sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.

SB585, s. 10 Section 10. 30.77 (3) (am) 3r. of the statutes is created to read:

SB585,4,20 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 lake district supersede all of the following:

SB585,4,22 a. Any conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.

SB585,4,24 b. Any conflicting provisions of a town sanitary district ordinance enacted un der subd. 1m. that are applicable to the lake.

SB585, s. 11 Section 11. 30.77 (3) (am) 4. of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 252), is amended to read:

SB585,5,12 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 resolu tions 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 reso lution 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 hear ing, the town, village or city rescinds the resolution that it adopted under subd. 1. or 1m., the lake district ordinances or the sanitary district ordinances are void.

SB585, s. 12 Section 12. 30.77 (3) (aw) 1. of the statutes, as created by 1995 Wisconsin Act .... (Senate Bill 252), is amended to read:

SB585,5,18 30.77 (3) (aw) 1. If one or more towns, villages or cities propose to enact an ordi nance for an inland lake under par. (ac) 2. or a lake district or sanitary district pro poses 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.

SB585, s. 13 Section 13. 30.77 (3) (d) of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 252), is amended to read:

SB585,6,14 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 gov erning body. Advisory reports regarding town, village or , city or, lake district or sani tary district ordinances that regulate the equipment, use or operation of boats on in land 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 sanitary district in view of perti nent 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 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.

SB585, s. 14 Section 14. 30.77 (3) (e) 1. (intro.) of the statutes is amended to read:

SB585,6,18 30.77 (3) (e) 1. (intro.) A municipality or , a public inland lake protection and rehabilitation district or a town sanitary district that has in effect an ordinance un der par. (am) may charge boat operators reasonable fees for any of the following:

SB585, s. 15 Section 15. 30.78 (1g) (am) of the statutes is created to read:

SB585,6,24 30.78 (1g) (am) A town sanitary district, after public hearing, may enact and enforce local ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the sanitary district to do so and if no lake district has in effect ordinances enacted under par. (a) for the lake.

SB585, s. 16 Section 16. 30.78 (1g) (b) of the statutes is amended to read:

SB585,7,2 30.78 (1g) (b) Ordinances authorized under par. (a) or (am) are limited to the type of ordinances authorized under sub. (1) (a) to (c).

SB585, s. 17 Section 17. 30.78 (1g) (c) of the statutes is amended to read:

SB585,7,7 30.78 (1g) (c) If any town, village or city having jurisdiction on the a lake re scinds the a resolution adopted under par. (a) or (am) authorizing the a public inland lake protection and rehabilitation district or town sanitary district to enact and en force ordinances under this paragraph, the lake district ordinances are void.

SB585, s. 18 Section 18. 30.78 (3) (am) of the statutes is created to read:

SB585,7,11 30.78 (3) (am) 1. If a town sanitary district enacts an ordinance under sub. (1g), the sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to that lake.

SB585,7,15 2. If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances under sub. (1g) (am) for the lake, any ordinances enacted by the lake district supersede all of the follow ing:

SB585,7,17 a. Any conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to the lake.

SB585,7,19 b. Any conflicting provisions of a town sanitary district ordinance enacted un der sub. (1g) (am) that are applicable to the lake.

SB585, s. 19 Section 19. 30.79 (1) (a) of the statutes is amended to read:

SB585,7,22 30.79 (1) (a) "Local governmental unit" means a municipality or, a public in land lake protection and rehabilitation district or a town sanitary district.

SB585, s. 20 Section 20. 30.79 (1) (b) 2. of the statutes is amended to read:

SB585,8,2 30.79 (1) (b) 2. A unit created by a public inland lake protection and rehabilita tion district, by a town sanitary district or by a number of local governmental units riparian to a single lake, at least one of which is a lake district or a sanitary district, for the purposes specified in subd. 1.

SB585, s. 21 Section 21. 30.81 (1m) (am) of the statutes is created to read:

SB585,8,8 30.81 (1m) (am) A town sanitary district, in the interest of public health or safe ty, may enact and enforce ordinances applicable to a lake entirely within its bound aries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the sanitary district to do so and if no lake district has in effect ordi nances enacted under par. (a) for the lake.

SB585, s. 22 Section 22. 30.81 (1m) (b) of the statutes is amended to read:

SB585,8,12 30.81 (1m) (b) An ordinance enacted under par. (a) or (am) must be consistent with this chapter and must relate to the use or operation of boats and other craft, in cluding snowmobiles and other motor vehicles, on icebound inland lakes.

SB585, s. 23 Section 23. 30.81 (1m) (cm) of the statutes is created to read:

SB585,8,16 30.81 (1m) (cm) If a town sanitary district enacts an ordinance under this sub section, the sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to the lake.

SB585, s. 24 Section 24. 30.81 (1m) (cr) of the statutes is created to read:

SB585,8,21 30.81 (1m) (cr) If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances un der this subsection for the lake, any ordinances enacted by the lake district supersede all of the following:

SB585,8,23 1. Any conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to the lake.

SB585,8,25 2. Any conflicting provisions of a town sanitary district ordinance enacted un der par. (am) that are applicable to the lake.

SB585, s. 25 Section 25. 30.81 (1m) (d) of the statutes is amended to read:

SB585,9,5 30.81 (1m) (d) If a town, village or city having jurisdiction on the a lake rescinds the resolution authorizing the a public inland lake protection and rehabilitation dis trict or town sanitary district to enact and enforce ordinances under this paragraph subsection, the lake district ordinances are void.

SB585, s. 26 Section 26. 30.81 (3) of the statutes is amended to read:

SB585,9,12 30.81 (3) Liability of local government. All traffic on icebound, inland waters shall be at the risk of the traveler. An ordinance by any municipality or any public inland lake protection and rehabilitation district or town sanitary district that is en acted under this section permitting traffic on icebound inland waters shall not ren der the municipality or lake or sanitary district enacting the ordinance liable for any accident to those engaged in permitted traffic while the ordinance is in effect.

SB585, s. 27 Section 27. 31.385 (1) of the statutes is amended to read:

SB585,9,17 31.385 (1) The department shall promulgate the rules necessary to administer a financial assistance program for municipalities and , public inland lake protection and rehabilitation districts and town sanitary districts for dam maintenance, repair, modification, abandonment and removal.

SB585, s. 28 Section 28. 31.385 (2) (c) 2. of the statutes is amended to read:

SB585,9,22 31.385 (2) (c) 2. The municipality or , public inland lake protection and rehabi litation district or town sanitary district has received directives from the department or is under order by the department to maintain, repair, modify, abandon or remove a dam on August 9, 1989.