Assembly Bill 177
Procedures for applications and hearings relating to permits and contracts for structures, deposits, and other activities in or near navigable waters
Topics: Natural Resources, Department of: Administration, Waterways and water power
Passed the Assembly, then stopped
The Assembly passed it on Sep 13, 2011, but the Senate never voted on it. A bill has to . To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Jun 13, 2011
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Committee, passed
Approved
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Assembly vote, passed
Passed Sep 13, 2011
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Senate vote, stopped here
Stopped here. The Senate never voted on it.
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Governor, not reached
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Law, not reached
Latest entry in the official record, Mar 23, 2012: “Failed to concur in pursuant to ”
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Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. More in the glossary
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, an individual permit or contract from the Department of Natural Resources (DNR) is required to place a structure or deposit in, or withdraw water from, a navigable water or to conduct a certain activity in or near a navigable water unless the structure, deposit or activity is exempt or is authorized by a general permit.
In issuing a permit or approving a contract, DNR reviews the application, determines whether it is complete, and notifies the applicant within 30 days after receiving the application whether the application is complete (30-day review period). If the application is incomplete, the applicant may supplement the application, but DNR may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete, with limited exceptions. Current law imposes no time limits on this process for determining whether an application is complete other than the 30-day review period.
Read the full summary Show less
Once DNR determines the application is complete, current law imposes time limits on the notice and public hearing procedures that apply to the application.
Within 15 days, DNR must provide notice to the public that the application is complete (application notice). If the applicant has requested a public hearing as part of the application, a notice of public hearing shall be included in the application notice.
If the application notice does not contain a notice of public hearing, any person may request a public hearing, or DNR may decide on its own to hold a public hearing if DNR determines that there is a significant public interest in holding a hearing.
The public hearing request must be submitted by the interested person, or DNR's decision to hold a public hearing must occur, within 30 days after DNR provides the application notice. Within 15 days after the public hearing request is submitted by an interested person or DNR makes its decision, DNR must give notice of the public hearing (separate notice of hearing). DNR must hold the hearing within 30 days after the notice of public hearing is either issued as part of the application notice or as an independent separate notice of hearing.
Also, DNR must provide a period to receive public comments. This period last for 30 days after the date on which DNR provides notice to the public that the application is complete or for ten days after the date that a public hearing ends, if one is held. Within 30 days after the public hearing is held or, if no public hearing is held, within 30 days of the 30-day comment period, DNR must render a decision, issuing the individual permit or contract.
Under the bill, the time limits for giving application notice and notice of public hearing are not totally dependent on the date that the application is determined by DNR to be complete. If, upon reviewing the application, DNR determines that the application is complete and that no additional information is needed, DNR shall inform the applicant of that fact within the 30-day review period. The date on which this notice is sent triggers the time limits for the public hearing process and for receiving public comments.
If DNR determines that the application is not complete, it may make only one request for additional information during the 30-day review period. There is no time limit on the applicant for providing the additional information but once it is submitted, DNR must notify the applicant within ten days as to whether the application is complete. Even if the application is not complete, the date on which this second notice is sent triggers the time limits for the public hearing process and for receiving public comments. Under the bill, the term used for such a date that triggers the time limits is a "date of closure." DNR may ask for information to supplement the one-time request for information, but such a request may not affect the date of closure.
The bill shortens some of the time limits under the public hearing and comment process. The 30-day time period for an interested party to request a public hearing or for DNR to make a decision on its own to hold a public hearing is shortened from 30 days to 10 days and the 30-day time period for the rendering a decision is shortened from 30 days to 20 days.
Under the bill, if DNR fails to comply with 30-day and ten-day time limits relating to determining whether an application is complete, the date of closure shall be the last day of the 30-day or ten-day time period. If DNR fails to comply with the time limits relating to the public hearing and comment process, the application for the permit or contract shall be considered to have been approved.
Under rules promulgated by DNR, in an administrative hearing in which an applicant is contesting DNR's decision regarding a permit or contract, the applicant has the burden of proof. Under the bill, DNR has the burden of proof if the applicant is the person who requested the hearing. If the applicant is not the petitioner, the petitioner has the burden of proof.
Who's behind it
15 lawmakers are its . All 15 are Republicans.
2 more lawmakers .
See all 17 names Hide the names
Authors (15)
- Garey Bies · Republican, Assembly
- Edward Brooks · Republican, Assembly
- David Craig · Republican, Senate
- Mike Endsley · Republican, Assembly
- André Jacque · Republican, Senate
- Dean Kaufert · Republican, Assembly
- Scott Krug · Republican, Assembly
- Michelle Litjens · Republican, Assembly
- Warren Petryk · Republican, Assembly
- Don Pridemore · Republican, Assembly
- Roger Rivard · Republican, Assembly
- Jim Steineke · Republican, Assembly
- Thomas Tiffany · Republican, Senate
- Travis Tranel · Republican, Assembly
- Chad Weininger · Republican, Assembly
Signed on in support (2)
- Pam Galloway · Republican, Senate
- Frank G. Lasee · Republican, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 4 votes on this bill.
Assembly Committee on Housing vote on an amendment
Passed, 7 to 0 · Aug 2, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Housing, Ayes 7, Noes 0”. Official record · This vote on its own page
Assembly vote on an amendment
Passed, 61 to 36 · Sep 13, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Assembly amendment 1 to Assembly substitute amendment 1 laid on table, Ayes 61, Noes 36”. Official record · This vote on its own page
Assembly vote on an amendment
Passed, 61 to 36 · Sep 13, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Assembly amendment 3 to Assembly substitute amendment 1 laid on table, Ayes 61, Noes 36”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 65 to 32 · Sep 13, 2011 · 1 didn't vote
See how each of the 98 representatives voted Hide the names
D: Democrat, I: Independent, R: Republican
Yes (65)
- Alvin Ott (R, 3)
- Amy Loudenbeck (R, 31)
- Amy Sue Vruwink (D, 70)
- André Jacque (R, 1)
- Bill Kramer (R, 97)
- Bob Ziegelbauer (I, 25)
- Chad Weininger (R, 4)
- Chris Kapenga (R, 33)
- Dale Kooyenga (R, 5)
- Dan Knodl (R, 24)
- Dan Meyer (R, 34)
- Daniel LeMahieu (R, 59)
- David Craig (R, 28)
- Dean Kaufert (R, 53)
- Dean Knudson (R, 30)
- Don Pridemore (R, 22)
- Duey Stroebel (R, 20)
- Edward Brooks (R, 50)
- Erik Severson (R, 28)
- Evan Wynn (R, 43)
- Garey Bies (R, 1)
- Gary Tauchen (R, 6)
- Gordon Hintz (D, 54)
- Howard Marklein (R, 17)
- Jeff Fitzgerald (R, 39)
- Jeff Mursau (R, 36)
- Jeffrey Stone (R, 82)
- Jeremy Thiesfeldt (R, 52)
- Jerry Petrowski (R, 29)
- Jim Ott (R, 23)
- Jim Steineke (R, 5)
- Joan Ballweg (R, 14)
- Joe Knilans (R, 44)
- Joel Kleefisch (R, 38)
- John Klenke (R, 88)
- John Murtha (R, 29)
- John Nygren (R, 89)
- John Steinbrink (D, 65)
- Karl Van Roy (R, 90)
- Kathleen Bernier (R, 23)
- Keith Ripp (R, 42)
- Kevin Petersen (R, 57)
- Lee Nerison (R, 96)
- Leon Young (D, 16)
- Mark Honadel (R, 21)
- Mark Radcliffe (D, 92)
- Mary Williams (R, 87)
- Michelle Litjens (R, 56)
- Mike Endsley (R, 26)
- Mike Kuglitsch (R, 84)
- Pat Strachota (R, 58)
- Paul F. Farrow (R, 33)
- Richard Spanbauer (R, 53)
- Robin Vos (R, 33)
- Roger Rivard (R, 75)
- Samantha Kerkman (R, 61)
- Scott Krug (R, 72)
- Scott Suder (R, 69)
- Steve Kestell (R, 27)
- Steve Nass (R, 11)
- Thomas Larson (R, 67)
- Thomas Tiffany (R, 12)
- Travis Tranel (R, 49)
- Tyler August (R, 31)
- Warren Petryk (R, 93)
No (32)
- Andy Jorgensen (D, 43)
- Barbara Toles (D, 17)
- Brett Hulsey (D, 78)
- Chris Danou (D, 92)
- Chris Taylor (D, 76)
- Christine Sinicki (D, 20)
- Cory Mason (D, 66)
- David Cullen (D, 13)
- Donna Seidel (D, 85)
- Elizabeth Coggs (D, 10)
- Fred Clark (D, 81)
- Frederick Kessler (D, 12)
- Gary Hebl (D, 46)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- JoCasta Zamarripa (D, 8)
- Jon Richards (D, 19)
- Josh Zepnick (D, 9)
- Kelda Roys (D, 26)
- Louis Molepske Jr. (D, 71)
- Margaret Krusick (D, 7)
- Mark Pocan (D, 78)
- Nick Milroy (D, 73)
- Penny Bernard Schaber (D, 57)
- Peter Barca (D, 64)
- Robert Turner (D, 61)
- Sandy Pasch (D, 10)
- Sondy Pope (D, 80)
- Steve Doyle (D, 94)
- Tamara Grigsby (D, 18)
- Terese Berceau (D, 77)
- Tony Staskunas (D, 15)
Didn't vote (1)
- Jason Fields (D, 11)
Official motion: “Read a third time and passed, Ayes 65, Noes 32”. Official record · This vote on its own page
What happened
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Mar 23, 2012
The session ended, and the bill died with it.
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Sep 14, 2011
Sent to the Senate Committee on Natural Resources and Environment.
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Sep 14, 2011
The Senate received it.
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Sep 13, 2011
The Assembly passed it, 65 to 32.
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Sep 13, 2011
The Assembly adopted it.
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Sep 13, 2011
“Placed at the foot of the calendar of 9-13-2011” (the official wording)
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Aug 2, 2011
Sent to the Assembly Committee on Rules.
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Aug 2, 2011
The committee voted to recommend passing it, 6 to 1.
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Jul 6, 2011
A state agency sent in its estimate of the cost.
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Jun 22, 2011
The committee held a public hearing.
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Jun 13, 2011
Sent to the Assembly Committee on Housing.
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Jun 13, 2011
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Jun 13, 2011 · Assembly
Introduced by Representatives Steineke, Rivard, Bies, Brooks, Craig, Endsley, Jacque, Kaufert, Krug, Litjens, Petryk, Pridemore, Tiffany, Tranel and Weininger;Cosponsored by Senators Lasee and Galloway
- Jun 13, 2011 · Assembly
Read first time and referred to committee on Housing
- Jun 22, 2011 · Assembly
Public hearing held
- Jun 28, 2011 · Assembly
Assembly amendment 1 offered by Representative Steineke
- Jun 29, 2011 · Assembly
Executive action taken
- Jul 6, 2011 · Assembly
Fiscal estimate received
- Aug 2, 2011 · Assembly
Report Assembly Amendment 1 adoption recommended by committee on Housing, Ayes 7, Noes 0
- Aug 2, 2011 · Assembly
Report passage as amended recommended by committee on Housing, Ayes 6, Noes 1
- Aug 2, 2011 · Assembly
Referred to committee on Rules
- Sep 8, 2011 · Assembly
Placed on calendar 9-13-2011 by committee on Rules
- Sep 13, 2011 · Assembly
Placed at the foot of the calendar of 9-13-2011
- Sep 13, 2011 · Assembly
Read a second time
- Sep 13, 2011 · Assembly
Assembly substitute amendment 1 offered by Representative Steineke
- Sep 13, 2011 · Assembly
Assembly amendment 1 to Assembly substitute amendment 1 offered by Representative Hulsey
- Sep 13, 2011 · Assembly
Assembly amendment 1 to Assembly substitute amendment 1 laid on table, Ayes 61, Noes 36
- Sep 13, 2011 · Assembly
Assembly amendment 2 to Assembly substitute amendment 1 offered by Representatives Steineke and Molepske Jr
- Sep 13, 2011 · Assembly
Assembly amendment 2 to Assembly substitute amendment 1 adopted
- Sep 13, 2011 · Assembly
Assembly amendment 3 to Assembly substitute amendment 1 offered by Representatives Bewley, Hebl, Bernard Schaber and Pope-Roberts
- Sep 13, 2011 · Assembly
Assembly amendment 3 to Assembly substitute amendment 1 laid on table, Ayes 61, Noes 36
- Sep 13, 2011 · Assembly
Assembly substitute amendment 1 adopted
- Sep 13, 2011 · Assembly
Ordered to a third reading
- Sep 13, 2011 · Assembly
Rules suspended
- Sep 13, 2011 · Assembly
Read a third time and passed, Ayes 65, Noes 32
- Sep 13, 2011 · Assembly
Ordered immediately messaged
- Sep 14, 2011 · Senate
Received from Assembly
- Sep 14, 2011 · Senate
Read first time and referred to committee on Natural Resources and Environment
- Sep 14, 2011 · Senate
LRB correction (Assembly Substitute Amendment 1)
- Sep 28, 2011 · Senate
LRB correction (Assembly Amendment 1)
- Sep 28, 2011 · Senate
LRB correction (Assembly Substitute Amendment 1)
- Mar 23, 2012 · Senate
Failed to concur in pursuant to Senate Joint Resolution 1
Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. More in the glossary
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote