30.94 30.94 Fox-Winnebago regional management commission.
30.94(1)(1)Definitions. In this section:
30.94(1)(a) (a) "Commission" means the Fox-Winnebago regional management commission.
30.94(1)(b) (b) "Fox River navigational system" means locks, harbors, real property, structures and facilities related to navigation that are located on or near the Fox River, including locks, harbors, real property, structures and facilities that were under the ownership or control of the federal government on April 1, 1984. "Fox River navigational system" does not include dams on the Fox River.
30.94(1)(c) (c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state or any of the foregoing.
30.94(2) (2)Creation. There is created a Fox-Winnebago regional management commission consisting of the members appointed under sub. (3).
30.94(3) (3)Appointments to the commission.
30.94(3)(a)(a) The commission shall consist of the following members:
30.94(3)(a)1. 1. Three members appointed by the governor.
30.94(3)(a)2. 2. Two members each from Brown, Calumet, Fond du Lac, Outagamie and Winnebago counties.
30.94(3)(b)1.1. The members appointed under par. (a) 2. shall be appointed by the county executive of the county which the member represents.
30.94(3)(b)2. 2. If a county has a lock or harbor that is part of the Fox River navigational system, at least one of the 2 members appointed for that county under par. (a) 2. shall be a resident of a city or village in which there is located such a lock or harbor.
30.94(3)(c) (c) The members appointed under this subsection shall serve 2-year terms.
30.94(3)(d) (d) The commission shall elect a chairperson, vice chairperson and secretary from among its members each year.
30.94(3)(e) (e) The commission shall meet at least once a year.
30.94(4) (4)Authority over Fox River navigational system.
30.94(4)(a)(a) The commission shall manage, operate, restore and repair the Fox River navigational system.
30.94(4)(b) (b) The commission shall oversee all projects that affect the management or operation of the Fox River navigational system, which may include the following:
30.94(4)(b)1. 1. Dredging projects.
30.94(4)(b)2. 2. Management or operation of harbors.
30.94(4)(b)3. 3. Placement of aids to navigation, as defined in s. 30.74 (2) (b), regulatory markers, as defined in s. 30.74 (2) (b).
30.94(4)(b)4. 4. Projects with local governmental units to increase boating access.
30.94(4)(c) (c) An activity or project involving the Fox River navigational system for which a permit, license or other approval or procedure is required by the department is not exempt from any of those permitting, licensing approval or procedural requirements.
30.94(4)(d) (d) The department may require the commission to maintain the sea lamprey barrier at the Rapide Croche lock according to specifications of the department to prevent sea lampreys or other nonnative species from moving upstream. The Rapide Croche lock may not be opened without prior approval from the department.
30.94(5) (5)User fees. The commission may charge user fees for services it provides to the operators of watercraft using the Fox River navigational system.
30.94(5m) (5m)Contracting; consultation.
30.94(5m)(a)(a) The commission may contract with public agencies, public or private organizations, businesses or individuals to carry out management, operation, restoration and repair responsibilities for the Fox River navigational system.
30.94(5m)(b) (b) The commission may appoint advisory committees and may cooperate and consult with the state, the federal government and local governmental units on issues affecting the Fox River navigational system.
30.94(5m)(c) (c) The commission may act as a Wisconsin conservation corps sponsor and may enter into agreements with the Wisconsin conservation corps board to carry out the management, operation, restoration and repair of the Fox River navigational system.
30.94(6) (6)Contributions; federal assistance.
30.94(6)(a)(a) The commission shall encourage and may accept contributions, grants, bequests and gifts for the management, operation, restoration or repair of the Fox River navigational system.
30.94(6)(b) (b) The commission shall accept federal funding for the restoration and repair of the Fox River navigational system. The commission may not use federal funding for the management or operation of the Fox River navigational system.
30.94(6m) (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 (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.
30.94(7) (7)Authority to sue; liability of commission. The commission may sue and be sued. Members of the commission are considered public officers for the purposes of s. 895.46.
30.94(7m) (7m)Bylaws. The commission may adopt bylaws to govern its operations.
30.94(8) (8)Applicability. Subsections (2) to (7m) do not apply until the day after the date on which the governor certifies to the revisor of statutes and the secretary of state that the state has received federal funds for the restoration and repair of the Fox River navigational system.
30.94 History History: 1991 a. 39, 269; 1993 a. 16; 1995 a. 27.
30.99 30.99 Parties to a violation.
30.99(1) (1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
30.99(2) (2) A person is concerned in the commission of the violation if the person:
30.99(2)(a) (a) Directly commits the violation;
30.99(2)(b) (b) Aids and abets the commission of it; or
30.99(2)(c) (c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
30.99 History History: 1975 c. 365.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?