AB500: Bill Text

AB500, s. 336 Section 336. 30.80 (2) of the statutes is amended to read:

AB500,112,8 30.80 (2) Any person violating s. 30.68 (2) shall be fined not more than $200 or imprisoned for not more than 6 months or both. Any person violating s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

Note: The stricken language duplicates s. 30.80 (2m).

AB500, s. 337 Section 337. 30.80 (3) of the statutes is amended to read:

AB500,112,13 30.80 (3) Any person violating s. 30.71 or any rule promulgated under that section shall forfeit not more than $100 for the first offense and shall forfeit not more than $200 upon conviction of the same offense a 2nd or subsequent time within one year.

AB500, s. 338 Section 338. 30.80 (4) of the statutes is amended to read:

AB500,112,18 30.80 (4) Any person violating any provision of s. 30.72 or the rules promulgated under s. 30.72 shall forfeit not more than $100 for the first offense and shall forfeit not more than $200 upon conviction of the same offense a 2nd or subsequent time within one year.

Note: Section 30.5005 (1) (b), as created by this bill, states the general authority of DNR to promulgate rules under this subchapter. The specific reference to DNR rule-making authority in s. 30.80 (3) and (4) is deleted.

AB500, s. 339 Section 339. 30.81 (1) of the statutes is repealed and recreated to read:

AB500,113,3 30.81 (1) Local regulation authorized. A local governmental unit that has authority to enact an ordinance under s. 30.77 (4) may, after public hearing, enact an ordinance that is not inconsistent with this chapter, relative to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland waters.

AB500, s. 340 Section 340. 30.81 (1m) and (2) of the statutes are repealed.

AB500, s. 341 Section 341. 30.81 (3) of the statutes is amended to read:

AB500,113,11 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 that is enacted under this section permitting traffic on icebound inland waters shall not render the municipality or lake district local governmental unit enacting the ordinance liable for any accident to those engaged in permitted traffic while the ordinance is in effect.

AB500, s. 342 Section 342. 30.81 (4) of the statutes is amended to read:

AB500,113,17 30.81 (4) Enforcement. A law enforcement officer of a town, village or city local governmental unit that is subject to enacts an ordinance enacted under sub. (1) or (1m) has the powers of sheriff in enforcing the ordinance on any portion of the lake waters, whether or not that portion of the lake waters is within the jurisdiction of the town, village or city local governmental unit for other purposes.

Note: The amendments to s. 30.81 expand the scope of local regulation of icebound waters, so that any local governmental unit that has jurisdiction and current authority to enact local ordinances under s. 30.77 may also enact ordinances for icebound waters. This authority applies to the same waters that may be regulated by the local governmental unit under s. 30.77. Although s. 30.77 is used to define the scope of local authority to regulate icebound waters, it should be noted that the procedures in s. 30.77 do not apply to these ordinances.

AB500, s. 343 Section 343. 30.90 (title) of the statutes is amended to read:

AB500,113,19 30.90 (title) Public access to Lake Lions Lake.

AB500, s. 344 Section 344. 30.90 (1) of the statutes is amended to read:

AB500,114,3 30.90 (1) As long as Lake Lions Lake in the town of Alban, Portage County, continues to be used as a recreational area for the physically handicapped, all of the following shall apply:

AB500,114,7 (a) Neither the county or town may provide, nor shall any subdivider be required or permitted to provide, public access to Lake Lions Lake, if the public access will in any way interfere with the use of the lake as a recreational area for the physically handicapped.

AB500,114,9 (b) The department may stock Lake Lions Lake with fish, any provision in ch. 29 to the contrary notwithstanding.

AB500, s. 345 Section 345. 30.90 (2) of the statutes is amended to read:

AB500,114,14 30.90 (2) The town board of the town of Alban shall have jurisdiction over Lake Lions Lake and may enact and enforce any ordinances necessary to prevent any deterioration of the waters of Lake Lions Lake or any nuisances that would adversely affect the public health or safety of the people.

AB500, s. 346 Section 346. Subchapter VI (title) of chapter 30 [precedes 30.94] of the statutes is created to read:

AB500,114,17 CHAPTER 30

AB500,114,19 SUBCHAPTER VI Enforcement; penalties

AB500, s. 347 Section 347. 30.96 (title) of the statutes is created to read:

AB500,114,21 30.96 (title) Infringement of public rights.

AB500, s. 348 Section 348. 30.98 (title) of the statutes is created to read:

AB500,114,23 30.98 (title) Penalties.

AB500, s. 349 Section 349. 30.98 (3) (title) of the statutes is created to read:

AB500,114,25 30.98 (3) (title) Violation of permit, contract, or order.

AB500, s. 350 Section 350. 31.03 of the statutes is amended to read:

AB500,115,7 31.03 Permits for the Lower Wisconsin State Riverway. For activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15), no person obtaining the department shall include a condition in a permit issued under this chapter that the person obtaining the permit may not start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under s. 30.44 or 30.445.

AB500, s. 351 Section 351. 31.93 of the statutes is created to read:

AB500,115,12 31.93 Enforcement of forfeitures. The district attorney of the appropriate county or, at the request of the department, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter.

AB500, s. 352 Section 352. 33.475 of the statutes is amended to read:

AB500,115,19 33.475 Boating fees. Notwithstanding the prohibition in s. 30.77 (1) against ordinances and local regulations that exclude any boat from the free use of the waters of the state (2), and in addition to the powers granted the county under ss. 30.77 (3) (e) (5) (f) 5. to 7. and 59.54 (2), the county may charge boat operators reasonable fees for the costs of providing other recreational boating services not specified in ss. 30.77 (3) (e) (5) (f) 5. to 7. and 59.54 (2).

AB500, s. 353 Section 353. 60.782 (1m) of the statutes is created to read:

AB500,115,23 60.782 (1m) For purposes of this section, a town sanitary district shall determine footage of shoreline by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

AB500, s. 354 Section 354. 60.782 (2) (d) of the statutes is amended to read:

AB500,116,3 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 30.359 (4).

AB500, s. 355 Section 355. 200.35 (4) of the statutes is amended to read:

AB500,116,11 200.35 (4) Delivery of deeds; DNR department of natural resources permits. Upon application of the commission the proper officers of this state shall execute, acknowledge, and deliver to the proper officers of the district any deed or other instrument as that may be proper for the purpose of fully confirming the grants under subs. (2) and (3). Notwithstanding s. 30.05 30.233, the district may not commence an action under sub. (2) or (3) without obtaining all of the necessary permits from the department of natural resources under ch. 30.

AB500, s. 356 Section 356. 236.16 (3) (d) (intro.) of the statutes is amended to read:

AB500,116,24 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may petition the city, village, town or county that owns the public access to construct shoreline erosion control measures. Subject to par. (e), the city, village, town or county shall construct the requested shoreline erosion control measures or request the department of natural resources to determine the need for shoreline erosion control measures. Upon receipt of a request under this paragraph from a city, village, town or county, the department of natural resources shall follow the notice and hearing procedures in s. 30.208 30.244 (3) to (5). Subject to par. (e), the city, village, town or county shall construct shoreline erosion control measures as required by the department of natural resources if the department of natural resources determines all of the following:

AB500, s. 357 Section 357. 281.35 (4) (b) (intro.) of the statutes is amended to read:

AB500,117,5 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 281.17(1), 281.34, or 281.41 for a new permit or approval or a modification of its existing permit or approval if either of the following conditions applies:

AB500, s. 358 Section 358. 293.65 (2) (b) of the statutes is amended to read:

AB500,117,12 293.65 (2) (b) The department, upon receipt of an application for a permit, shall determine the minimum stream flow or lake level necessary to protect public rights, the minimum flow or level necessary to protect the rights of affected riparians riparian owners, the point downstream beyond which riparian rights are not likely to be injured by the proposed diversion, and the amount of surplus water, as defined in s. 30.01 (6d), if any, at the point of the proposed diversion.

AB500, s. 359 Section 359. 299.05 (1) of the statutes is amended to read:

AB500,117,22 299.05 (1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a permit, license, or approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27, subch. II of ch. 30, except ss. 30.221 and 30.223; chs. 280 to 292; or subch. II of ch. 295 and that is of a type specified in the rule if the department fails to make a determination on the application within the time limit specified in the rule for that type of permit, license or approval. The rules under this subsection do not apply to an applicant for a license or other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).

AB500, s. 360 Section 360. 299.05 (2) (a) of the statutes is amended to read:

AB500,117,25 299.05 (2) (a) Permits, contracts, and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27 subch. II of ch. 30, except ss. 30.221 and 30.223.

AB500, s. 361 Section 361. 299.85 (7) (a) 2. of the statutes is amended to read:

AB500,118,15 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3) 30.381 (1), (2), (3) (a), (4) (a), (5), (6), and (7), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies under sub. (2) for participation in the Environmental Improvement Program corrects violations that it discloses in a report that meets the requirements of sub. (3) within 90 days after the department receives the report that meets the requirements of sub. (3), the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB500, s. 362 Section 362. 299.85 (7) (a) 4. of the statutes is amended to read:

AB500,119,3 299.85 (7) (a) 4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3) 30.381 (1), (2), (3) (a), (4) (a), (5), (6), and (7), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if the department approves a compliance schedule under sub. (6) and the regulated entity corrects the violations according to the compliance schedule, the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.

AB500, s. 363 Section 363. 709.03 (form) C. 27. of the statutes is renumbered 709.03 (form) C. 28.

AB500, s. 364 Section 364. 709.03 (form) C. 27. of the statutes is created to read:

AB500,119,7 709.03 (form) - See PDF for table

Note: This adds a provision to the seller's disclosure form for residential real estate transactions.

AB500, s. 365 Section 365. Nonstatutory provisions.

AB500,119,14 (1) Advisory committee; rules on navigability. The department of natural resources shall appoint an advisory committee under section 227.13 of the statutes to advise and assist the department with respect to the promulgation of rules under section 30.04 (2) of the statutes, as created by this act. The department shall appoint members to the advisory committee who collectively possess a wide range of knowledge, experience, and interest in the navigable waters of this state.

AB500,119,19 (2) Report on drainage of agricultural land. The department of agriculture, trade and consumer protection and the department of natural resources shall prepare a joint report on the drainage of agricultural land, with particular emphasis on the drainage that occurs in organized drainage districts. The report shall describe all of the following:

AB500,120,2 (a) A summary of the history of each department's involvement with the supervision of and assistance to those involved in the drainage of land.

AB500,120,4 (b) The current statutory authority and responsibilities of each department with respect to the drainage of land.

AB500,120,6 (c) The current efforts of each department to carry out its authority and responsibility.

AB500,120,9 (d) The efforts of the departments to cooperate with each other with respect to the drainage of land, and the potential for increasing the level of cooperation between the departments.

AB500,120,11 (e) Any areas of disagreement between the departments regarding the authorities and responsibilities of each.

AB500, s. 366 Section 366. Cross-reference changes. In the sections of the statutes listed in Column A, the cross-references shown in Column B are changed to the cross-references shown in column C: - See PDF for table

AB500, s. 367 Section 367. Initial applicability.

AB500,123,4 (1) The treatment of section 30.77 of the statutes first applies to an ordinance relating to the regulation of boating that is enacted or adopted on the effective date of this subsection.

Note: This provision relates to the applicability of amended s. 30.77 to preexisting boating ordinances. The general rule established above is that amended s. 30.77 applies prospectively only. That is, only local boating ordinances enacted after the effective date of the legislation are subject to the amended statute. This allows preexisting ordinances to be judged, in any challenge, by the statutory standards in place when the ordinance was adopted, and does not raise doubts about the authority for preexisting ordinances.

However, if a preexisting ordinance is amended after the effective date of this legislation, this provision makes the newly amended statute applicable to the entirety of the ordinance enacted before the effective date of the legislation. This avoids the confusion that would potentially result if preexisting portions of a boating ordinance were subject to the prior statute, and new or amended portions of the boating ordinance were subject to the amended statute. This does not mean that any portion of a preexisting ordinance must necessarily be amended when any portion of the ordinance is being amended or any new provision is being added to the ordinance. What it means is that a local governmental unit should review the preexisting ordinance in light of the amended statute, to determine if additional changes are necessary.

For the most part, the special committee believes that changes to preexisting ordinances will not be necessary. Most of the requirements in s. 30.77, as amended, are simply restatements and extensions of current statutory requirements.

AB500,123,5 (End)