Wisconsin Legislature: LRB-2079/1

SECTION 875. 31.385 (2) (c) (intro.) of the statutes is amended to read:

31.385 (2) (c) (intro.) No financial assistance may be provided under this section for the maintenance, repair, modification, abandonment or removal of a dam safety project unless at least one of the following applies:

SECTION 876. 31.385 (2) (c) 1. of the statutes is amended to read:

31.385 (2) (c) 1. The department conducts an investigation or inspection of the dam under this chapter and the owner of the dam requests financial assistance under this section within 6 months after having received department directives, based on the department's investigation or inspection of the dam, for the repair, modification or abandonment and removal of the dam or for another activity to increase the safety of the dam.

SECTION 877. 31.385 (3) of the statutes is amended to read:

31.385 (3) The department shall provide municipalities and public inland lake protection and rehabilitation districts with technical assistance in conducting for dam maintenance, repair, modification, abandonment and removal safety projects under this section. The department shall coordinate the financial assistance program under this section with other related state and federal programs.

SECTION 878. 32.02 (1) of the statutes is amended to read:

32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health and family services, the department of corrections, the board of regents of the university of Wisconsin system, the building commission, a commission created by contract under s. 66.30, with the approval of the municipality in which condemnation is proposed, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.70 (12), may not acquire property by condemnation. The department of natural resources may not acquire property by condemnation.

SECTION 879. 32.02 (16) of the statutes is repealed and recreated to read:

32.02 (16) The building commission, as specified in s. 13.48 (16), and, at the request of the department of natural resources, for any public purpose.

SECTION 880. 32.05 (7) (d) of the statutes is amended to read:

32.05 (7) (d) On or before said date of taking, a check, naming the parties in interest as payees, for the amount of the award less outstanding delinquent tax liens, proportionately allocated as in division in redemption under ss. 74.51 and 75.01 when necessary and less the condemnee's prorated taxes of the same year, if any, likewise proportionately allocated when necessary against the property taken, shall at the option of the condemnor be mailed by certified mail to the owner or one of the owners of record or be deposited with the clerk of the circuit court of the county for the benefit of the persons named in the award. The clerk shall give notice thereof by certified mail to such parties. The persons entitled thereto may receive their proper share of the award by petition to and order of the circuit court of the county. The petition shall be filed with the clerk of the court without fee.

SECTION 881. 32.05 (7) (e) of the statutes is created to read:

32.05 (7) (e) Notwithstanding par. (d), if the condemnor seeks less than a 50% interest in the property under sub. (3) (b), the condemnor may choose not to subtract the condemnee's prorated taxes of the same year, if any, from the award payment and may include the condemnor's prorated taxes of the same year, if any, in the award payment.

SECTION 882. 32.185 of the statutes is renumbered 32.185 (intro.) and amended to read:

32.185 Condemnor. (intro.) "Condemnor", for the purposes of In ss. 32.19 to 32.27,:

(1) Except as provided in sub. (2), "condemnor" means any:

(a) Any municipality, board, commission, public officer or corporation vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized by statute to employ its powers of eminent domain or by the power of eminent domain. "Condemnor" also means a displacing agency. In this section, "displacing agency" means any

(b) Any state agency, political subdivision of the state or person carrying out a program or project with public financial assistance that causes a person to be a displaced person, as defined in s. 32.19 (2) (e).

SECTION 883. 32.185 (2) of the statutes is created to read:

32.185 (2) "Condemnor" does not include the department of natural resources.

SECTION 884. 34.01 (2) (a) of the statutes is amended to read:

34.01 (2) (a) Any loss of public moneys, which have been deposited in a designated public depository in accordance with this chapter, resulting from the failure of any public depository to repay to any public depositor the full amount of its deposit because the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions has taken possession of the public depository or because the public depository has, with the consent and approval of the office of credit unions, administrator of federal credit unions, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions, adopted a stabilization and readjustment plan or has sold a part or all of its assets to another credit union, bank, savings bank or savings and loan association which has agreed to pay a part or all of the deposit liability on a deferred payment basis or because the depository is prevented from paying out old deposits because of rules of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions.

SECTION 885. 34.10 of the statutes is amended to read:

34.10 Reorganization and stabilization of financial institutions. Whenever the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions has taken charge of a credit union, bank, savings bank or savings and loan association with a view of restoring its solvency, pursuant to law, or with a view of stabilizing and readjusting the structure of any national or state credit union, bank, savings bank or savings and loan association located in this state, and has approved a reorganization plan or a stabilization and readjustment agreement entered into between the credit union, bank, savings bank or savings and loan association and depositors and unsecured creditors, or when a credit union, bank, savings bank or savings and loan association, with the approval of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or division of savings and loan institutions proposes to sell its assets to another credit union, bank, savings bank or savings and loan association which agrees to assume a part or all of the deposit liability of such selling credit union, bank, savings bank or savings and loan association and to pay the same on a deferred payment basis, the governing board of the public depositor may, on the approval of the division of banking, join in the execution of any reorganization plan, or any stabilization and readjustment agreement, or any depositor's agreement relative to a proposed sale of assets if, in its judgment and that of the division of banking, the reorganization plan or stabilization and readjustment agreement or proposed sale of assets is in the best interest of all persons concerned. The joining in any reorganization plan, or any stabilization and readjustment agreement, or any proposed sale of assets which meets the approval of the division of banking does not waive any rights under this chapter.

SECTION 886. 36.11 (6) (b) of the statutes is amended to read:

36.11 (6) (b) The board may not make a grant under par. (a) to a person if it receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SECTION 887. 36.11 (36) of the statutes is created to read:

36.11 (36) AQUACULTURE DEMONSTRATION FACILITY. The board shall operate the Ashland full-scale aquaculture demonstration facility authorized under 1999 Wisconsin Act .... (this act), section 9107 (1) (a) 1.

SECTION 888. 36.25 (5) (c) of the statutes is created to read:

36.25 (5) (c) If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board and the board of regents to the corporation described under s. 39.81, this subsection does not apply on and after the effective date of the last license transferred .... [revisor inserts date].

SECTION 889. 36.25 (14) of the statutes is amended to read:

36.25 (14) GRADUATE STUDENT FINANCIAL AID. The board shall establish a grant program for minority and disadvantaged graduate students enrolled in the system. The grants shall be awarded from the appropriation under s. 20.285 (4) (b). The board shall give preference in awarding grants under this subsection to residents of this state. The board may not make a grant under this subsection to a person if it receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SECTION 890. 36.25 (24) of the statutes is amended to read:

36.25 (24) EMPLOYE-OWNED BUSINESSES PROGRAM. Through the University of Wisconsin small business development center, in cooperation with the department of commerce under s. 560.07 (2m), the technical college system board and the University of Wisconsin-extension, the board shall create, as needed, educational programs to provide training in the management of employe-owned businesses and shall provide technical assistance to employe-owned businesses in matters affecting their management and business operations, including assistance with governmental relations and assistance in obtaining management, technical and financial assistance.

SECTION 891. 36.25 (30) of the statutes is amended to read:

36.25 (30) HAZARDOUS POLLUTION POLLUTION PREVENTION PROGRAM. The board shall establish maintain in the extension a hazardous pollution prevention program solid and hazardous waste education center to promote hazardous pollution prevention, as defined in s. 299.13 (1) (c) (dm). In cooperation with the department of natural resources and the department of commerce, the program center shall conduct an education and technical assistance program to promote hazardous pollution prevention in this state.

SECTION 892. 36.25 (32) (b) (intro.) of the statutes is amended to read:

36.25 (32) (b) (intro.) From the appropriation under s. 20.285 (1) (fs) (a), the board shall award grants totaling not more than $500 annually per county to sponsors of farm safety education, training or information programs. To be eligible for a grant, a sponsor shall:

SECTION 893. 36.27 (4) (a) of the statutes is amended to read:

36.27 (4) (a) In the 1993-94 to 1998-99 2000-01 academic years, the board may annually exempt from nonresident tuition, but not from incidental or other fees, up to 200 students enrolled at the University of Wisconsin-Parkside as juniors or seniors in programs identified by that institution as having surplus capacity and up to 150 students enrolled at the University of Wisconsin-Superior in programs identified by that institution as having surplus capacity.

SECTION 894. 36.34 (1) (b) of the statutes is amended to read:

36.34 (1) (b) The board shall establish a grant program for minority undergraduates enrolled in the system. The board shall designate all grants under this subsection as Lawton grants. Grants shall be awarded from the appropriation under s. 20.285 (4) (dd). The board may not make a grant under this subsection to a person if it receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SECTION 895. 36.34 (2) of the statutes is repealed.

SECTION 896. 38.04 (18) of the statutes is created to read:

38.04 (18) STATEWIDE GUIDE. Annually, the board shall produce, and distribute to students, parents, high school personnel and others, a guide containing information on all of the technical colleges and their programs.

SECTION 897. 38.125 of the statutes is amended to read:

38.125 Public broadcasting stations. If the district board governing the Milwaukee area technical college determines to relinquish its public broadcasting licenses, it shall, subject to the approval of the federal communications commission, offer to assign the licenses to the educational communications board, subject to approval of the federal communications commission or, if all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System have been transferred to the corporation described under s. 39.81, to the corporation.

SECTION 898. 38.28 (1m) (a) 1. of the statutes is amended to read:

38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. sub. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), 118.55 (7r) and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27, 38.33 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.

SECTION 899. 38.28 (2) (b) 5. of the statutes is created to read:

38.28 (2) (b) 5. The board shall reduce each district's aid payment under subd. 2. by the district's share of the amount necessary to produce and distribute the statewide guide under s. 38.04 (18), as determined by the board.

SECTION 900. 38.28 (3) of the statutes is amended to read:

38.28 (3) If the appropriation for state aid under s. 20.292 (1) (d) in any one year is insufficient to pay the full amount under sub. (2), state aid payments shall be prorated among the districts entitled thereto. If the appropriation for state aid under s. 20.292 (1) (fc) in any one year is insufficient to pay the full amount under subs. (2) (c) and (g), funds in the appropriation shall be used first for the purposes of sub. (2) (c) and any remaining funds shall be prorated among the districts entitled to support under sub. (2) (g). If the appropriation for state aid under s. 20.292 (1) (fc) in any one year is insufficient to pay the full amount under sub. (2) (c), funds in the appropriation shall be prorated among the districts entitled to the funds.

SECTION 901. 38.28 (7) of the statutes is repealed.

SECTION 902. 38.42 (4) of the statutes is amended to read:

38.42 (4) RETRAINING FUND. (a) A consortium of telecommunications companies shall agree to contribute $3,000,000 to the telecommunications retraining fund over a 3-year period beginning on July 20, 1994. If the retraining fund is depleted within 3 years and if requested by the telecommunications retraining board, the consortium shall contribute up to an additional $1,000,000.

SECTION 903. 38.42 (4) (b) of the statutes is created to read:

38.42 (4) (b) If the telecommunications retraining board determines that additional contributions from telecommunications companies are necessary to fund grants awarded under this section in the 1999-2000 fiscal year, the consortium shall contribute additional amounts determined by the telecommunications retraining board.

SECTION 904. 38.42 (6) of the statutes is amended to read:

38.42 (6) SUNSET. This section does not apply after June 30, 1999 2000.

SECTION 905. 39.10 of the statutes is created to read:

39.10 Applicability. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System to the corporation described under s. 39.81, this subchapter does not apply on and after the effective date of the last license transferred .... [revisor inserts date].

SECTION 906. 39.12 (4) of the statutes is amended to read:

39.12 (4) The board of directors of any corporation established under this section shall consist of 5 members, including the executive director of the educational communications board and 4 members of the educational communications board, elected by the educational communications board, of which one shall be a legislator. No 2 members of the board of directors may be from the same category of educational communications board members under s. 15.57 (1) to (7).

SECTION 907. 39.285 (3) of the statutes is amended to read:

39.285 (3) By April 10, 1998, and annually thereafter, each tribally controlled college in this state is requested to develop and submit to the board for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 39.435, except for grants awarded under s. 39.435 (2) or (5), for the upcoming academic year to students enrolled at that tribally controlled college.

SECTION 908. 39.30 (2) (intro.) of the statutes is amended to read:

39.30 (2) ELIGIBILITY. (intro.) A resident student enrolled at least half-time and registered as a freshman, sophomore, junior or senior in an accredited, nonprofit, post high post-high school, educational institution in this state or in a tribally controlled college in this state shall be eligible for grants under this section for each semester of attendance, but:

SECTION 909. 39.30 (2) (e) of the statutes is amended to read:

39.30 (2) (e) The board may not make a grant to a student if the board receives a certification under s. 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the student provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SECTION 910. 39.30 (2) (f) of the statutes is amended to read:

39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) or (3) is approved or modified by the board under s. 39.285 (1).

SECTION 911. 39.30 (3) (g) of the statutes is repealed.

SECTION 912. 39.38 (2) of the statutes is amended to read:

39.38 (2) Grants under this section shall be based on financial need, as determined by the board. The maximum grant shall not exceed $2,200 per year, of which not more than $1,100 may be from the appropriation under s. 20.235 (1) (fb) (k). State aid from this appropriation may be matched by a contribution from a federally recognized American Indian tribe or band that is deposited in the general fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall be awarded to students for full-time or part-time attendance at any accredited institution of higher education in this state. The board may not make a grant under this section to a student if the board receives a certification under s. 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the student provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a). Grants shall be renewable for up to 5 years if a recipient remains in good academic standing at the institution that he or she is attending.

****NOTE: This is reconciled s. 39.38 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-0589/1 and LRB-1518/2.

SECTION 913. 39.41 (title) of the statutes is repealed and recreated to read:

39.41 (title) Governor's scholarship program.

SECTION 914. 39.41 (9) of the statutes is created to read:

39.41 (9) In any printed material or other information disseminated or otherwise distributed by the board, the scholarship program under this section shall be referred to as the governor's scholarship program and scholars shall be referred to as governor's scholars.

SECTION 915. 39.435 (1) of the statutes is amended to read:

39.435 (1) There is established, to be administered by the board, a higher education grant program for postsecondary resident students enrolled at least half-time and registered as freshmen, sophomores, juniors or seniors in accredited institutions of higher education or in tribally controlled colleges in this state. Except as authorized under sub. (5), such grants shall be made only to students enrolled in nonprofit public institutions or tribally controlled colleges in this state.

SECTION 916. 39.435 (4) (a) of the statutes is amended to read:

39.435 (4) (a) The board shall promulgate rules establishing policies and procedures for determining dependent and independent status and for the calculation of award grants under this section based on a formula that accounts for expected parental and student contributions. The rules shall be and is consistent with generally accepted definitions and nationally approved needs analysis methodology.

SECTION 917. 39.435 (4) (b) and (c) of the statutes are repealed.

SECTION 918. 39.435 (6) of the statutes is amended to read:

39.435 (6) The board may not make a grant under this section to a person if the board receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SECTION 919. 39.44 (4) of the statutes is amended to read: