,6797 Wis. Act , s. 67
Section 67.
29.33 (2) (d) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 67 - continued
29.33 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.09 (11m) and (11r), a transfer of a license under this section shall be considered an issuance of a license to the transferee.
,6897 Wis. Act , s. 68
Section 68.
29.50 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 68 - continued
29.50 (1) (e) The transportation and sale of farm-raised fish.
,68f97 Wis. Act , s. 68f
Section 68f.
29.51 (3m) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 68f - continued
29.51 (3m) (b) Paragraph (a) does not authorize the department of natural resources to remove fish or fish eggs from a self-contained fish rearing facility or from a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water unless the department of agriculture, trade and consumer protection has requested that the department of natural resources remove the fish or fish eggs to address a problem affecting fish health.
,68m97 Wis. Act , s. 68m
Section 68m.
29.514 (1) (c) of the statutes is created to read:
97 Wis. Act , s. 68m - continued
29.514 (1) (c) The registrant held a private fish hatchery license under s. 29.52, 1995 stats., on December 31, 1997, that applied to the body of water being registered as a private fishing preserve.
,68s97 Wis. Act , s. 68s
Section 68s.
29.521 (1) (c) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 68s - continued
29.521 (1) (c) 2. A preexisting fish rearing facility that is barrier equipped.
,6997 Wis. Act , s. 69
Section 69.
29.521 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 69 - continued
29.521 (2) (a) The department, subject to s. 29.09 (11m) and (11r), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.
,7097 Wis. Act , s. 70
Section 70.
29.521 (2) (c) 1. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 70 - continued
29.521 (2) (c) 1. The department, subject to s. 29.09 (11m) and (11r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.
,70g97 Wis. Act , s. 70g
Section 70g.
29.522 of the statutes is created to read:
97 Wis. Act , s. 70g - continued
29.522 Barriers required for fish farms. No person may use any body of water as a fish farm or as part of a fish farm unless the body of water is equipped with barriers that prevent the passage of fish between it and the other waters of the state.
,70r97 Wis. Act , s. 70r
Section 70r.
29.53 (1) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 70r - continued
29.53 (1) (c) "Waters of the state" does not include self-contained fish rearing facilities or preexisting fish rearing facilities that are barrier equipped and that are artificial bodies of water or self-contained fish rearing facilities.
,7197 Wis. Act , s. 71
Section 71.
29.544 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 71 - continued
29.544 (3) LICENSE REQUIRED EXCEPTIONS; WILD RICE IDENTIFICATION CARD. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.09 (11m) and (11r), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.
,71m97 Wis. Act , s. 71m
Section 71m.
29.557 (3) of the statutes is amended to read:
97 Wis. Act , s. 71m - continued
29.557 (3) A person may hunt deer or, wild turkeys or small game in a state park, or in a portion of a state park, designated by if the department has authorized by rule, for that type of the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of hunting game.
,7397 Wis. Act , s. 73
Section 73.
29.574 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 73 - continued
29.574 (3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the issuing of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, subject to s. 29.09 (11m) and (11r), the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been issued, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.
,7497 Wis. Act , s. 74
Section 74.
29.575 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 74 - continued
29.575 (3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, subject to s. 29.09 (11m) and (11r), the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.
,7697 Wis. Act , s. 76
Section 76.
29.578 (4) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 76 - continued
29.578 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section. Section 29.09 (11m) and (11r) applies to the issuance of licenses under this subsection.
,7797 Wis. Act , s. 77
Section 77.
29.578 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 77 - continued
29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m) and (11r), if the licensee has not violated any of the provisions under which it was issued.
,7997 Wis. Act , s. 79
Section 79.
29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Acts 35 and .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 79 - continued
29.578 (14) (am) Subject to s. 29.09 (11m) and (11r), the department may issue special retail deer sale permits authorizing a person to retail venison in the carcass from a deer lawfully killed under this section to any retailer of meats.
,8097 Wis. Act , s. 80
Section 80.
29.578 (14) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:
97 Wis. Act , s. 80 - continued
29.578 (14) (b) (intro.) Any person may serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the department after investigation is satisfied that the application is satisfactory, the department, subject to s. 29.09 (11m) and (11r), shall issue a venison serving permit conditioned as follows:
,82ac97 Wis. Act , s. 82ac
Section 82ac.
29.598 (3) (cm) of the statutes is created to read:
97 Wis. Act , s. 82ac - continued
29.598 (3) (cm) List of participants. A county that administers the wildlife damage abatement program or the wildlife damage claim program shall maintain a list of participants in the program and shall make the list available for public inspection.
,82ad97 Wis. Act , s. 82ad
Section 82ad.
29.598 (7m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 82ad - continued
29.598 (7m) (a) Requirements. A person who receives wildlife damage abatement assistance or wildlife damage claim payments and any other person who owns, leases or controls the land where the wildlife damage occurred shall permit hunting of the type of wild animals causing the wildlife damage on that land and on contiguous land under the same ownership, lease or control, subject to par. (ae). In order to satisfy the requirement to permit hunting under this subsection, the land shall be open to hunting during the appropriate open season. The county, with the assistance of the department, shall determine the acreage of land suitable for hunting.
,82ae97 Wis. Act , s. 82ae
Section 82ae.
29.598 (7m) (ae) of the statutes is created to read:
97 Wis. Act , s. 82ae - continued
29.598 (7m) (ae) Conditions. 1. A hunter may hunt on land covered by par. (a) only if the hunter notifies the landowner of his or her intent to hunt on the land.
97 Wis. Act , s. 82ae - continued
2. A hunter may not bring a motor vehicle onto land covered by par. (a) without the permission of the landowner.
97 Wis. Act , s. 82ae - continued
3. A hunter may not use a stand located on land covered by par. (a) without the permission of the landowner.
97 Wis. Act , s. 82ae - continued
4. A landowner may deny a hunter access to land covered by par. (a) for reasonable cause, including any of the following:
97 Wis. Act , s. 82ae - continued
a. The presence of at least 2 hunters per 40 acres of eligible land when the hunter notifies the landowner that he or she intends to hunt on the land.
97 Wis. Act , s. 82ae - continued
b. The hunter appears to be intoxicated or unruly.
97 Wis. Act , s. 82ae - continued
c. The hunter causes property damage.
97 Wis. Act , s. 82ae - continued
d. The hunter fails to notify the landowner of his or her intent to hunt on the land or brings a motor vehicle onto the land without the permission of the landowner.
,82ag97 Wis. Act , s. 82ag
Section 82ag.
29.62 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
97 Wis. Act , s. 82ag - continued
29.62 (1) The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water.
,82aj97 Wis. Act , s. 82aj
Section 82aj.
30.103 of the statutes is created to read:
97 Wis. Act , s. 82aj - continued
30.103 Identification of ordinary high-water mark by town sanitary district. A town sanitary district may identify the ordinary high-water mark of a lake that lies wholly within unincorporated territory and wholly within the town sanitary district. The department may not identify an ordinary high-water mark of a lake that is different than the ordinary high-water mark identified by a town sanitary district under this section.
,82am97 Wis. Act , s. 82am
Section 82am.
36.05 (3) of the statutes is amended to read:
97 Wis. Act , s. 82am - continued
36.05 (3) "Campus" means the publicly owned or leased buildings and grounds which comprise all or part of a university, a center an institution or the extension.
,82b97 Wis. Act , s. 82b
Section 82b.
36.05 (4) of the statutes is renumbered 36.05 (6m) and amended to read:
97 Wis. Act , s. 82b - continued
36.05 (6m) "Center "College campus" means any one of the 2-year collegiate campuses of the system.
,82c97 Wis. Act , s. 82c
Section 82c.
36.05 (9) of the statutes is amended to read:
97 Wis. Act , s. 82c - continued
36.05 (9) "Institution" means any university or an organizational equivalent designated by the board and the University of Wisconsin colleges.
,82d97 Wis. Act , s. 82d
Section 82d.
36.05 (14) of the statutes is created to read:
97 Wis. Act , s. 82d - continued
36.05 (14) "University of Wisconsin Colleges" means the college campuses as a whole.
,82eg97 Wis. Act , s. 82eg
Section 82eg.
36.09 (1) (e) of the statutes is amended to read:
97 Wis. Act , s. 82eg - continued
36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each center college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; with the advice of the land information board; and the requisite number of officers, other than the vice presidents, associate vice presidents and assistant vice presidents of the system; faculty; academic staff and other employes and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4) (4g), (4m) and (5) and 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4) (4g), (4m) and (5) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin or sex shall ever be allowed or exercised in the appointment of the employes of the system.
,82er97 Wis. Act , s. 82er
Section 82er.
36.09 (1) (e) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:
97 Wis. Act , s. 82er - continued
36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents and assistant vice presidents of the system; faculty; academic staff and other employes and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g), (4m) and (5) and 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g), (4m) and (5) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin or sex shall ever be allowed or exercised in the appointment of the employes of the system.
,82f97 Wis. Act , s. 82f
Section 82f.
36.09 (1) (h) of the statutes is amended to read:
97 Wis. Act , s. 82f - continued
36.09 (1) (h) The board shall allocate funds and adopt budgets for the respective institutions giving consideration to the principles of comparable budgetary support for similar programs and equitable compensation for faculty and academic staff with comparable training, experience and responsibilities and recognizing competitive ability to recruit and retain qualified faculty and academic staff. If the board ceases or suspends operation of any institution or center college campus, the appropriations to the board for operation of the institution or center college campus may be utilized by the board for any other purpose authorized by the appropriations within the period for which the appropriations are made.
,82fm97 Wis. Act , s. 82fm
Section 82fm.
36.09 (1) (j) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:
97 Wis. Act , s. 82fm - continued
36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employes specified in ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4) (j) or (4m) under this paragraph unless the salary increase conforms to the compensation plan for executive salary group positions as approved under s. 230.12 (3) (b) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) to correct a salary inequity that results from the appointment of a person to a position identified in s. 20.923 (4g) unless the increase is approved by the department of employment relations. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the departments of administration and employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.
,82g97 Wis. Act , s. 82g
Section 82g.
36.11 (8e) of the statutes is amended to read:
97 Wis. Act , s. 82g - continued
36.11 (8e) PARKING FEES. The board shall direct each institution and center within the system to charge a parking fee for the parking of motor vehicles by students, faculty, academic and classified staff and visitors at campus. The board shall require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require the recovery of the costs of land for parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee. Center College campus facilities owned by a county are not required to charge a parking fee.
,82h97 Wis. Act , s. 82h
Section 82h.
36.11 (16) of the statutes is amended to read:
97 Wis. Act , s. 82h - continued
36.11 (16) COMMENCEMENT OF FALL SEMESTER. The board shall ensure that no fall semester classes at any center or institution within the system, except medical school classes and 4th year classes at the school of veterinary medicine, commence until after September 1.
,82i97 Wis. Act , s. 82i
Section 82i.
36.11 (21) of the statutes is amended to read:
97 Wis. Act , s. 82i - continued
36.11 (21) CONTROLLED SUBSTANCES AND CONTROLLED SUBSTANCE ANALOGS; DISCIPLINE. Any student who engages in an activity, on campus or at an event sponsored by a center college campus or institution or by the system, that constitutes a violation of ch. 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a system environment that is free from controlled substances, as defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).
,82j97 Wis. Act , s. 82j
Section 82j.
36.11 (22) (a) (intro.) of the statutes is amended to read:
97 Wis. Act , s. 82j - continued
36.11 (22) (a) (intro.) The board shall direct each institution and center college campus to:
,82jm97 Wis. Act , s. 82jm
Section 82jm.
36.11 (22) (a) 1. c. of the statutes is amended to read:
97 Wis. Act , s. 82jm - continued
36.11 (22) (a) 1. c. The rights of victims under ch. 950 and the services available at the institution or center college campus and in the community to assist a student who is the victim of sexual assault or sexual harassment.
,82k97 Wis. Act , s. 82k
Section 82k.
36.11 (22) (a) 2. of the statutes is amended to read:
97 Wis. Act , s. 82k - continued
36.11 (22) (a) 2. Annually supply to all students enrolled in the institution or center college campus printed material that includes all of the information under par. (a).
,82L97 Wis. Act , s. 82L
Section 82L.
36.11 (22) (b) of the statutes is amended to read:
97 Wis. Act , s. 82L - continued
36.11 (22) (b) Annually, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall indicate the methods each institution and center college campus have used to comply with par. (a).
,82m97 Wis. Act , s. 82m
Section 82m.
36.11 (22) (c) of the statutes is amended to read:
97 Wis. Act , s. 82m - continued
36.11 (22) (c) Any person employed at an institution or center who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution or center that the student has been sexually assaulted shall report to the dean of students of the institution or to the dean of the center. The dean of students or dean shall compile reports for the purpose of disseminating statistical information under par. (a) 1. b.
,82n97 Wis. Act , s. 82n
Section 82n.
36.11 (22) (d) of the statutes is amended to read:
97 Wis. Act , s. 82n - continued
36.11 (22) (d) Annually, each institution and center shall report to the office of justice assistance in the department of administration statistics on sexual assaults and on sexual assaults by acquaintances of the victims that occurred on the each campus of the institution or center in the previous year. The office of justice assistance shall include the statistics in appropriate crime reports published by the office.
,82p97 Wis. Act , s. 82p
Section 82p.
36.12 (1) of the statutes is amended to read:
97 Wis. Act , s. 82p - continued
36.12 (1) No student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions or centers because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.
,82q97 Wis. Act , s. 82q
Section 82q.
36.12 (2) (a) (intro.) of the statutes is amended to read:
97 Wis. Act , s. 82q - continued
36.12 (2) (a) (intro.) The board shall direct each institution and center to establish policies and procedures to protect students from discrimination under sub. (1). The policies and procedures shall do all of the following: