SB77: Bill Text

SB77,468,3 20.923 (1) Establishment of executive salary groups. To this end, a compensation plan consisting of 10 executive salary groups is established in schedule one of the state compensation plan for the classified service from ranges 18 through 27. No salary range established above salary range 23 may be utilized in the establishment and compensation of positions in the classified service without specific approval of the joint committee on employment relations. The dollar value of the salary range minimum and maximum for each executive salary group shall be reviewed and established in the same manner as that provided for positions in the classified service under s. 230.12 (3). The salary-setting authority of individual boards, commissions, elective and appointive officials elsewhere provided by law is subject to and limited by this section, and the salary rate for these positions upon appointment and subsequent thereto shall be set by the appointing authority pursuant to this section, except as provided in s. 36.09 (1) (j) and as otherwise required by article IV, section 26, of the constitution.

SB77, s. 749 Section 749. 20.923 (4) (intro.) of the statutes is amended to read:

SB77,469,3 20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the department of employment relations, commission chairpersons and members and higher education administrative positions shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (j). Except for positions specified in par. (c) 3m. and sub. (12) and s. 230.08 (2) (e) 6m., all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the secretary of employment relations to one of the 10 executive salary groups listed in pars. (a) to (j). The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the secretary of employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

SB77, s. 750 Section 750. 20.923 (4) (a) 4q. of the statutes is repealed.

SB77, s. 751 Section 751. 20.923 (4) (c) 4. of the statutes is created to read:

SB77,469,6 20.923 (4) (c) 4. Higher educational aids board: executive secretary.

SB77, s. 752 Section 752. 20.923 (4) (e) 1. of the statutes is renumbered 20.923 (4) (e) 1e.

SB77, s. 753 Section 753. 20.923 (4) (e) 1b. of the statutes is created to read:

SB77,469,10 20.923 (4) (e) 1b. Administration, department of; technology for educational achievement in Wisconsin board: executive director.

SB77, s. 754 Section 754. 20.923 (4) (e) 2m. of the statutes is repealed.

SB77, s. 755 Section 755. 20.923 (4) (g) 1g. of the statutes is repealed.

SB77, s. 756 Section 756. 20.923 (4m) of the statutes is amended to read:

SB77,470,7 20.923 (4m) University of Wisconsin system executive positions. The Subject to s. 36.09 (1) (j), the board of regents of the university of Wisconsin system shall set the salaries of the president of the university of Wisconsin system at a point no higher than 15% above the maximum dollar value of the salary range for executive salary group 10, based on the competitive market for comparable positions at comparable institutions of higher education. The board shall set the salaries of the vice presidents, the chancellors of the university of Wisconsin system campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater, the chancellors of the university of Wisconsin-center system and the university of Wisconsin-extension, the vice chancellor for health sciences of the university of Wisconsin-Madison and the vice chancellor who is serving as a deputy at each university of Wisconsin campus and the university of Wisconsin-center system and the university of Wisconsin-extension to reflect the hierarchical structure of the system, to recognize merit, to permit orderly salary progression and to recognize competitive factors. No Except as provided in s. 36.09 (1) (j), no salary for a position other than president may be set at a point lower than the minimum dollar value of the salary range for executive salary group 7 nor at a point equal to or higher than the maximum dollar value of the salary range for executive salary group 10.

SB77, s. 757 Section 757. 20.923 (6) (aL) of the statutes is created to read:

SB77,470,10 20.923 (6) (aL) Administration, department of: director of Indian gaming, and 3 employes appointed under s. 569.015 (2).

SB77, s. 758 Section 758. 20.923 (15) of the statutes is amended to read:

SB77,470,19 20.923 (15) Salary adjustment limitations. (a) An Except as authorized under s. 36.09 (1) (j) for a position identified in subs. (4) (j) and (4m), an incumbent of a position that has been assigned to an executive salary group of the compensation plan under this section, whose current salary exceeds the maximum of the salary range to which his or her position's group is assigned, shall remain at his or her current rate of pay while he or she remains employed in that position until the maximum of the salary range to which his or her executive salary group is assigned equals or exceeds his or her current rate of pay.

SB77,471,2 (b) Except for the positions identified in subs. (4) (j) and (4m), the pay of any incumbent whose salary is subject to a limitation under this section may not equal or exceed that amount paid the governor. The pay of any incumbent in the position of president of the university of Wisconsin system, chancellor of the university of Wisconsin-Madison or chancellor of the university of Wisconsin-Milwaukee may not exceed the maximum dollar value of the salary range for the group to which the incumbent's position is assigned.

SB77, s. 759 Section 759. 20.924 (1) (b) of the statutes is amended to read:

SB77,471,8 20.924 (1) (b) Shall authorize the acquisition of land, or the repair, remodeling or improvement to any existing building, structure or facility costing in excess of $250,000, regardless of funding source, only if that project is enumerated in the authorized state building program. This paragraph does not apply to projects authorized under s. 16.858.

SB77, s. 760 Section 760. 20.924 (2) of the statutes is created to read:

SB77,471,12 20.924 (2) Subsection (1) does not apply to the acquisition of land for, or the design or construction of, the harbor of refuge along the Lake Superior shoreline under s. 30.92 (4m).

SB77, s. 761 Section 761. 21.19 (3) (b) of the statutes is amended to read:

SB77,471,20 21.19 (3) (b) Notwithstanding s. 13.48 (14) (c), the department, under the authority and procedures established in par. (a), may sell and convey the Wisconsin national guard armory located at 1225 E. Henry Clay Street, Whitefish Bay, Milwaukee County. The proceeds of a sale shall be used first to pay off all bonds, all or a part of which were used to construct or purchase the property. Any moneys remaining from the sale shall be paid into the state treasury and credited to the appropriation under s. 20.465 (2) (1) (g).

SB77, s. 762 Section 762. 21.49 (3) (a) of the statutes is amended to read:

SB77,472,2 21.49 (3) (a) Any eligible guard member upon satisfactory completion of a full-time or part-time course in a qualifying school is eligible for a tuition grant equal to 50% 100% of the actual tuition charged by the school or 50% 100% of the maximum resident undergraduate tuition charged by the university of Wisconsin-Madison for a comparable number of credits, whichever amount is less.

SB77, s. 763 Section 763. 23.09 (19) (a) of the statutes is renumbered 23.09 (19) (a) (intro.) and amended to read:

SB77,472,5 23.09 (19) (a) (intro.) In this subsection, "local:

SB77,472,8 2. "Local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district.

SB77, s. 764 Section 764. 23.09 (19) (a) 1. of the statutes is created to read:

SB77,472,12 23.09 (19) (a) 1. "Brownfields redevelopment" means an abandoned, idle or underused industrial or commercial facility or site, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB77, s. 765 Section 765. 23.09 (19) (cm) of the statutes is created to read:

SB77,472,16 23.09 (19) (cm) In approving grants under this subsection and under s. 23.096 for urban green space, the department shall give higher priority for projects related to brownfields redevelopment.

SB77, s. 766 Section 766. 23.09 (20) (am) of the statutes is created to read:

SB77,472,20 23.09 (20) (am) In granting aid under this subsection and under s. 23.096 for local park aids, the department shall give higher priority for projects related to brownfields redevelopment, as defined in sub. (19) (a) 1.

SB77, s. 767 Section 767. 23.096 (2) of the statutes is amended to read:

SB77,472,24 23.096 (2) The department may award grants to nonprofit conservation organizations to acquire property for the purposes described in ss. 23.09 (19) and (20), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293 and 30.277 (2) (a).

SB77, s. 768 Section 768. 23.175 (4m) of the statutes is created to read:

SB77,473,3 23.175 (4m) Priority for brownfields. In awarding grants for trails under s. 23.096, the department shall give higher priority for projects related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

SB77, s. 769 Section 769. 23.27 (3) (a) of the statutes is amended to read:

SB77,473,19 23.27 (3) (a) Duties. The department, with the advice of the council, shall conduct a natural heritage inventory program. The department shall cooperate with the land information board department of administration under s. 16.967 in conducting this program. This program shall establish a system for determining the existence and location of natural areas, the degree of endangerment of natural areas, an evaluation of the importance of natural areas, information related to the associated natural values of natural areas and other information and data related to natural areas. This program shall establish a system for determining the existence and location of native plant and animal communities and endangered, threatened and critical species, the degree of endangerment of these communities and species, the existence and location of habitat areas associated with these communities and species and other information and data related to these communities and species. This program shall establish and coordinate standards for the collection, storage, recall and display of and management of information and data related to the natural heritage inventory.

SB77, s. 770 Section 770. 23.27 (3) (b) of the statutes is amended to read:

SB77,474,6 23.27 (3) (b) Access to information; fees. The department shall make information and data from the natural heritage inventory program available to any individual or public or private agency for research, educational, environmental, land management or similar authorized purposes. The department may establish a fee to be charged collected to recover the actual cost of collecting, storing, managing, compiling and providing this information and data. The department may reduce or waive the fee established under this paragraph if the department determines that a waiver or reduction of the fee is in the public interest. The natural heritage inventory and related information and data are not subject to s. 19.35 and the department may refuse to release information or data for any purpose which is not authorized.

SB77, s. 771 Section 771. 23.27 (4) of the statutes is amended to read:

SB77,474,16 23.27 (4) Natural areas land acquisition; continuing commitment. It is the intent of the legislature to continue natural areas land acquisition activities from moneys available from the appropriation under ss. 20.370 (1) (kb) (7) (fa) and 20.866 (2) (ts) and (tz). This commitment is separate from and in addition to the commitment to acquire natural areas under the Wisconsin natural areas heritage program. Except as provided in s. 23.0915 (2), the department may not expend under s. 20.866 (2) (tz) more than $1,500,000 in each fiscal year for natural areas land acquisition activities under this subsection and for grants for this purpose under s. 23.096.

SB77, s. 772 Section 772. 23.27 (7) of the statutes is created to read:

SB77,474,20 23.27 (7) Sale of resources. Moneys received from the sale or lease of resources derived from the land in the state natural areas system shall be credited to the appropriation under s. 20.370 (1) (fs).

SB77, s. 773 Section 773. 23.293 (4) of the statutes is amended to read:

SB77,475,7 23.293 (4) Contributions and gifts; state match. The department may accept contributions and gifts for the ice age trail program. The department may convert gifts of land which it determines are not appropriate for the ice age trail program into cash. The department may convert other noncash contributions and gifts into cash. These moneys shall be deposited in the general fund and credited to the appropriation under s. 20.370 (1) (gg) (7) (gg). An amount equal to the value of all contributions and gifts shall be released from the appropriation under s. 20.866 (2) (tw) or (tz) or both to be used for land acquisition and development activities under s. 23.17. The department shall determine how the moneys being released are to be allocated from these appropriations. No moneys may be released under s. 20.866 (2) (tz) before July 1, 1990.

SB77, s. 774 Section 774. 23.32 (2) (d) of the statutes is amended to read:

SB77,475,11 23.32 (2) (d) The department shall cooperate with the land information board department of administration under s. 16.967 in conducting wetland mapping activities or any related land information collection activities.

SB77, s. 775 Section 775. 23.325 (1) (a) of the statutes is amended to read:

SB77,475,16 23.325 (1) (a) Shall consult with the land information board department of administration, the department of transportation and the state cartographer, and may consult with other potential users of the photographic products resulting from the survey, to determine the scope and character of the survey.

SB77, s. 776 Section 776. 23.33 (1) (id) of the statutes is created to read:

SB77,475,19 23.33 (1) (id) "Lac du Flambeau band" means the Lac du Flambeau band of Lake Superior Chippewa.

SB77, s. 777 Section 777. 23.33 (1) (ie) of the statutes is created to read:

SB77,475,23 23.33 (1) (ie) "Lac du Flambeau reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

SB77, s. 778 Section 778. 23.33 (2) (a) of the statutes is amended to read:

SB77,476,10 23.33 (2) (a) Requirement. No person may operate and no owner may give permission for the operation of an all-terrain vehicle within this state unless the all-terrain vehicle is registered for public use or for private use with the department under this section subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3. No person may operate and no owner may give permission for the operation of an all-terrain vehicle on a public all-terrain vehicle route or trail unless the all-terrain vehicle is registered for public use with the department under this section subsection or sub. (2g), is exempt from registration or is operated with a reflectorized plate attached in the manner specified under par. (dm) 3.

SB77, s. 779 Section 779. 23.33 (2g) of the statutes is created to read:

SB77,476,18 23.33 (2g) Lac du Flambeau band registration program. (a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.

SB77,476,25 (b) Requirements for issuance; fees; effective periods. 1. For issuing or renewing a registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent registration certificate under sub. (2) (c) and (d). For transferring a registration certificate or issuing a duplicate registration certificate under this subsection, the Lac du Flambeau band shall collect the same fee that would be collected for the equivalent service under sub. (2) (e).

SB77,477,3 2. The Lac du Flambeau band may not issue, renew or otherwise process registration certificates under this subsection in conjunction with discount coupons or as part of a promotion or other merchandising offer.

SB77,477,7 3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub. (2) (f) 1. or (g) or under a rule promulgated under sub. (2) (f) 2.

SB77,477,10 4. The Lac du Flambeau band may issue, renew or otherwise process registration certificates under this subsection only to applicants who appear in person on the Lac du Flambeau reservation.

SB77,477,14 (c) Requirements for registration applications and decals. 1. The Lac du Flambeau band shall use registration applications and registration certificates that are substantially similar to those under sub. (2) with regard to length, legibility and information content.

SB77,477,17 2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle.

SB77,477,20 3. The Lac du Flambeau band shall use a sequential numbering system that includes a series of letters or initials that identify the Lac du Flambeau band as the issuing authority.

SB77,477,22 (d) Registration information. The Lac du Flambeau band shall provide registration information to the state in one of the following ways:

SB77,478,2 1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described in par. (f), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.

SB77,478,6 2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.

SB77,478,11 (e) Reports; records; tax collection. 1. Before June 1 annually, the Lac du Flambeau band shall submit a report to the department notifying it of the number of each type of registration certificate that the Lac du Flambeau band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

SB77,478,16 2. For law enforcement purposes, the Lac du Flambeau band shall make available for inspection by the department during normal business hours the Lac du Flambeau band's records of all registration certificates issued, renewed or otherwise processed under this subsection, including copies of all applications made for certificates.

SB77,478,20 3. The Lac du Flambeau band shall ensure that the record of each registration certificate issued, renewed or otherwise processed under this subsection, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.

SB77,478,25 4. The Lac du Flambeau band shall collect the sales and use taxes due under s. 77.61 (1) on any all-terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.

SB77,479,4 (f) Applicability. This subsection does not apply unless the department and the Lac du Flambeau band have in effect a written agreement under which the Lac du Flambeau band agrees to comply with pars. (a) to (e) and that contains all of the following terms:

SB77,479,6 1. The manner in which the Lac du Flambeau band will limit its treaty-based right to fish outside the Lac du Flambeau reservation.

SB77,479,10 2. A requirement that the fees collected by the Lac du Flambeau band under par. (b) be used only for a program for registering all-terrain vehicles, for regulating all-terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle facilities.

SB77, s. 780 Section 780. 23.33 (4) (d) 5. of the statutes is amended to read:

SB77,479,18 23.33 (4) (d) 5. On roadways if the all-terrain vehicle is an implement of husbandry, if the all-terrain vehicle is used exclusively for agricultural purposes and if the all-terrain vehicle is registered for private use under sub. (2) (d) or (2g). Operation of an all-terrain vehicle which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.

SB77, s. 781 Section 781. 23.33 (4z) (b) of the statutes is amended to read:

SB77,479,23 23.33 (4z) (b) The department shall develop and issue an educational pamphlet on the intoxicated operation of an all-terrain vehicle law to be distributed, beginning in 1989, to persons issued all-terrain vehicle registration certificates under subs. (2) and (2g).

SB77, s. 782 Section 782. 23.33 (9) (a) (title) of the statutes is repealed and recreated to read:

SB77,480,1 23.33 (9) (a) (title) Enforcement.

SB77, s. 783 Section 783. 23.33 (9) (a) of the statutes is amended to read:

SB77,480,8 23.33 (9) (a) The department may utilize up to 50% of the moneys received under sub. (2) for all-terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (as), and (5) (er) and (mu) and (8) (ds) including costs associated with registration, enforcement, safety education, accident reports and analysis, law enforcement aids to counties, aids administration and other similar costs in administering and enforcing this section.

SB77, s. 784 Section 784. 23.40 (6) of the statutes is amended to read:

SB77,480,12 23.40 (6) (title) Exemption from fee for municipalities local governmental units. Subsections (2) (b) and (3) do not apply with respect to municipalities local governmental units, as defined under in s. 345.05 (1) (c) (bg).

SB77, s. 785 Section 785. 23.405 (title) of the statutes is renumbered 23.425 (title).