Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 1342b Section 1342b. 31.02 (7m) of the statutes is amended to read:

SB55-ASA1-AA1,364,3 31.02 (7m) The drainage board for the Duck Creek Drainage District shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in the Duck Creek Drainage District in compliance with ch. 88 and any rules promulgated by the department of agriculture, trade and consumer protection under ch. 88. If a county drainage board fails to perform its duties under this subsection, the department of natural resources fish, wildlife, parks, and forestry may exercise its authority under subs. (6), (8) and (9).

SB55-ASA1-AA1, s. 1344b Section 1344b. 31.06 (1) of the statutes is amended to read:

SB55-ASA1-AA1,364,16 31.06 (1) Upon receipt of an application for a permit under s. 31.05 the department of environmental management may order a hearing or it may mail a notice that it will proceed on the application without public hearing unless a request for a public hearing is filed as provided in this section. The notice shall be mailed to the clerk of each municipality directly affected by the proposed dam and to the department of fish, wildlife, parks, and forestry. The department of environmental management may give further or other notice as it considers proper. The department of environmental management shall mail a copy of the notice to the applicant who shall cause the notice to be published in each county in which affected riparian lands are located as a class 1 notice, under ch. 985. If a hearing is not requested in writing within 30 days after mailing of the notice, the department of environmental management may waive the hearing.

SB55-ASA1-AA1, s. 1344c Section 1344c. 31.06 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,364,25 31.06 (3) (b) If it appears, after consulting with the department of fish, wildlife, parks, and forestry, that the construction, operation or maintenance of the proposed dam is in the public interest, considering ecological, aesthetic, economic and recreational values, the department of environmental management shall so find and grant a permit to the applicant, provided the department of environmental management also finds that the applicant has complied with s. 31.14 (2) or (3) and, where applicable, with s. 31.05 (3), based on the department's own estimate of the department of environmental management of the area of the flowage.

SB55-ASA1-AA1, s. 1344d Section 1344d. 31.187 (2) of the statutes is amended to read:

SB55-ASA1-AA1,365,8 31.187 (2) Whenever the department of environmental management determines, after consultation with the department of fish, wildlife, parks, and forestry, that the conservation of any species or variety of wild animals will be promoted thereby, the department may maintain and repair any dam located wholly upon lands the title to which is in the state either as proprietor or in trust for the people after giving due consideration to fixing the level and regulating the flow of the public waters.

SB55-ASA1-AA1, s. 1344f Section 1344f. 31.307 (4) of the statutes is repealed.

SB55-ASA1-AA1, s. 1344g Section 1344g. 31.309 (1) (a) and (am) of the statutes are repealed.

SB55-ASA1-AA1, s. 1344h Section 1344h. 31.309 (1) (b) of the statutes is renumbered 31.309 (1) and amended to read:

SB55-ASA1-AA1,365,17 31.309 (1) When the department determines that the renovation and repair described under par. (a) s. 31.309 (1) (a), 1999 stats., are complete, the city of Portage shall assume the maintenance of the city of Portage levee in the Portage levee system in a manner that will best protect the surrounding area from the overflow of the Wisconsin River.

SB55-ASA1-AA1, s. 1344j Section 1344j. 31.309 (2) (a) of the statutes is renumbered 31.309 (2).

SB55-ASA1-AA1, s. 1344m Section 1344m. 31.309 (2) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 1344p Section 1344p. 31.34 of the statutes is amended to read:

SB55-ASA1-AA1,366,5 31.34 Flow of water regulated. Each person, firm or corporation maintaining a dam on any navigable stream shall pass at all times at least 25% of the natural low flow of water of such stream, except as otherwise provided by law. This section, however, shall not apply to a plant or dam where the water is discharged directly into a lake, mill pond, storage pond or cranberry marsh, nor shall it apply to cases where in the opinion of in which the department of environmental management determines, after consultation with the department of fish, wildlife, parks, and forestry, that such minimum discharge is not necessary for the protection of fish life. Any person, firm or corporation violating this section shall be fined not less than $50 nor more than $1,000.".

SB55-ASA1-AA1,366,6 685. Page 512, line 3: after that line insert:

SB55-ASA1-AA1,366,7 " Section 1344g. 31.309 (1) (ag) of the statutes is created to read:

SB55-ASA1-AA1,366,11 31.309 (1) (ag) The department shall provide a grant of $350,000 in fiscal year 2001-2002 and a grant of $350,000 in fiscal year 2002-2003 from the appropriation under s. 20.370 (5) (cq) to the city of Portage for the renovation and repair of the Portage canal.".

SB55-ASA1-AA1,366,12 686. Page 512, line 3: after that line insert:

SB55-ASA1-AA1,366,13 " Section 1344c. 31.18 (1) of the statutes is amended to read:

SB55-ASA1-AA1,367,2 31.18 (1) The grantee of any permit, the owner of any dam constructed before permits were required by law, and the owner of any bridge at the city of Portage or at any point above that city, over the Wisconsin River, shall maintain and operate all such dams, slides, chutes, piers, booms, guide booms, weirs, tunnels, races, flumes, sluices, pits, fishways, locks, boat hoists, marine railways and all other equipment required by the department for the protection of public rights in such waters, and for the preservation of life, health and property, in good repair and condition, and shall not wilfully, or otherwise, injure, remove or destroy the same, or any part thereof, unless the department shall have approved such removal or destruction in writing. In the event of emergency the department shall have power, pending investigation and hearing, to order the repair of any dam without notice and hearing. Except as provided in s. 31.19 (6) (b), any inspection conducted as part of an investigation under this subsection shall be conducted by a professional engineering firm.

SB55-ASA1-AA1, s. 1344e Section 1344e. 31.18 (3) of the statutes is amended to read:

SB55-ASA1-AA1,367,11 31.18 (3) Except when emergency shall require the same for the protection of life, health or property, no substantial alteration or addition shall be made to any dam heretofore or hereafter constructed without obtaining an order therefor from the department, which order may be issued only after an investigation and upon a finding that the proposed alterations or additions will not impair the sufficiency of such dam or any existing public rights in such waters. Except as provided in s. 31.19 (6) (b), any inspection conducted as part of an investigation under this subsection shall be conducted by a professional engineering firm.

SB55-ASA1-AA1, s. 1344g Section 1344g. 31.185 (4) of the statutes is amended to read:

SB55-ASA1-AA1,368,4 31.185 (4) Prior to the hearing the department shall have its staff make its own conduct an investigation of the dam and, on the basis of such investigation, shall make recommendations as to the type of requirements, if any, which it would impose on the applicant under sub. (5) as a condition to granting the permit. Such recommendations shall be presented at the hearing. If no one registers opposition to the application at the hearing, the department shall grant the permit, subject to such conditions as it deems necessary under sub. (5). If someone registers opposition to the abandonment at the hearing and such opposition is not withdrawn, the department shall defer action on the application for a period of 120 days after the hearing. Within a reasonable time after the expiration of such period, the department shall deny the permit, or grant the permit, subject to such conditions as it imposes under sub. (5), unless, within such 120-day period, one or more municipalities or other persons or associations have agreed to acquire ownership of the dam and have furnished satisfactory proof of intent to comply with s. 31.14 (2) or (3). Except as provided in s. 31.19 (6) (b), any inspection conducted as part of an investigation under this subsection shall be conducted by a professional engineering firm.

SB55-ASA1-AA1, s. 1344j Section 1344j. 31.19 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,368,10 31.19 (2) (a) Requirement. Except as provided under par. (b), at least once every 10 years the department shall conduct a detailed inspection the owner of each large dam which is maintained or operated in or across navigable waters shall employ or contract with a professional engineering firm to conduct a detailed inspection of the dam.

SB55-ASA1-AA1, s. 1344L Section 1344L. 31.19 (3) of the statutes is amended to read:

SB55-ASA1-AA1,368,21 31.19 (3) Inspection upon complaint. If the department receives a complaint in writing from the mayor of a city, supervisor of a town or the president or trustee of a village which alleges that a dam maintained or operated in or across any navigable or nonnavigable waters or a reservoir is in an unsafe condition or if the department receives a complaint in writing from a person which alleges that the person's property or any property under the person's control is endangered by a dam or reservoir, the department shall investigate or cause an investigation to be made of the complaint. Except as provided in sub. (6) (b), any inspection conducted as part of an investigation under this subsection shall be conducted by a professional engineering firm.

SB55-ASA1-AA1, s. 1344n Section 1344n. 31.19 (4) of the statutes is amended to read:

SB55-ASA1-AA1,369,2 31.19 (4) Discretionary inspection. The department may inspect or cause an inspection to be made of any dam or reservoir. The dam inspection shall be made by a professional engineering firm. The department may inspect or cause an inspection to be made of any reservoir.

SB55-ASA1-AA1, s. 1344p Section 1344p. 31.19 (5) of the statutes is amended to read:

SB55-ASA1-AA1,369,14 31.19 (5) Order; reduction in water level. If the department finds pursuant to an inspection or investigation that a dam or reservoir is not sufficiently strong or is unsafe and that the dam or reservoir is dangerous to life or property, it shall determine what alterations, additions or repairs are necessary and shall order the owner or person having control of the dam or reservoir to cause those alterations, additions or repairs to be made within a time specified in the order. If the department finds pursuant to an inspection or investigation that a dam or reservoir is not sufficiently strong or is unsafe and that the dam or reservoir is dangerous to life or property, it may cause to be drawn off, in whole or in part, the water in the reservoir or impounded by the dam if it determines that this action is necessary to prevent impending danger to persons or property.

SB55-ASA1-AA1, s. 1344r Section 1344r. 31.19 (6) of the statutes is created to read:

SB55-ASA1-AA1,370,2 31.19 (6) Review by department. (a) Each professional engineering firm conducting an inspection under this chapter shall prepare a report of the inspection, and the owner of the dam shall submit the report to the department within 6 months after the inspection is completed. The department shall review the report and if the department finds that the inspection is adequate to determine the strength and safety of the dam and if the dam has potential to endanger life or property, the department shall certify that the inspection is complete. If the department determines that the inspection was not adequate to make these determinations, the department shall reject the inspection. The department shall give written notification of the reasons for the rejection to the owner of the dam and the professional engineering firm.

SB55-ASA1-AA1,370,4 (b) The department may conduct its own inspection of a dam for which an inadequate report was submitted under par. (a) if any of the following apply:

SB55-ASA1-AA1,370,7 1. The owner or professional engineering firm fails to inform the department within 90 days of the date after receipt of the written notification from the department as to the steps that will be taken for the inspection to be completed.

SB55-ASA1-AA1,370,10 2. The owner fails to submit a report containing an adequate inspection, as determined by the department, within 200 days of the date of the receipt of the written notification from the department.

SB55-ASA1-AA1, s. 1344t Section 1344t. 31.19 (7) of the statutes is created to read:

SB55-ASA1-AA1,370,15 31.19 (7) List of engineering firms. The department shall maintain a list of professional engineering firms suitable for the purpose of conducting inspections under this chapter. The department shall make the list available to dam owners upon request.

SB55-ASA1-AA1, s. 1344v Section 1344v. 31.19 (8) of the statutes is created to read:

SB55-ASA1-AA1,370,23 31.19 (8) Internet bidding process. The department of natural resources shall post requests by dam owners for inspections under this chapter on an Internet site maintained by the department of agriculture, trade and consumer protection. The department of natural resources shall ensure that the Internet site provides a means by which professional engineering firms may electronically post bids in response to the posted requests for inspections under this chapter and by which professional engineering firms may view the bids posted by other professional engineering firms.

SB55-ASA1-AA1, s. 1344x Section 1344x. 31.385 (2) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,371,6 31.385 (2) (c) 1. The department conducts an investigation of a dam or conducts or causes an inspection of the a 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.".

SB55-ASA1-AA1,371,7 687. Page 512, line 6: after that line insert:

SB55-ASA1-AA1,371,8 " Section 1345g. 32.02 (16) of the statutes is amended to read:

SB55-ASA1-AA1,371,12 32.02 (16) The department of natural resources fish, wildlife, parks, and forestry with the approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof and as authorized by law, for acquisition of lands.

SB55-ASA1-AA1, s. 1345h Section 1345h. 32.035 (3) of the statutes is amended to read:

SB55-ASA1-AA1,371,23 32.035 (3) Procedure. The condemnor shall notify the department of any project involving the actual or potential exercise of the powers of eminent domain affecting a farm operation. If the condemnor is the department of natural resources fish, wildlife, parks, and forestry, the notice required by this subsection shall be given at the time that permission of the senate and assembly committees on natural resources is sought under s. 23.09 (2) (d) or 27.01 (2) (a). To prepare an agricultural impact statement under this section, the department may require the condemnor to compile and submit information about an affected farm operation. The department shall charge the condemnor a fee approximating the actual costs of preparing the statement. The department may not publish the statement if the fee is not paid.

SB55-ASA1-AA1, s. 1345n Section 1345n. 33.01 (2) of the statutes is amended to read:

SB55-ASA1-AA1,372,2 33.01 (2) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 1345p Section 1345p. 33.265 of the statutes is amended to read:

SB55-ASA1-AA1,372,9 33.265 Notice, filing and recording requirements. If a district is created or its boundaries altered, the board of commissioners shall record the authorizing document, including a legal description of the boundary, with the register of deeds in each county where the district is situated, and file the document and legal description with the department of natural resources environmental management and the department of revenue.

SB55-ASA1-AA1, s. 1346e Section 1346e. 33.457 (4) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,372,16 33.457 (4) (intro.) Within 3 months after the implementation plan is developed and submitted under sub. (1), the department of environmental management, the department of fish, wildlife, parks, and forestry, and the designated planning agency under s. 281.51 that covers the county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to:

SB55-ASA1-AA1, s. 1346f Section 1346f. 33.55 (1) (o) of the statutes is amended to read:

SB55-ASA1-AA1,372,20 33.55 (1) (o) One nonvoting representative from the department of natural resources environmental management, who shall be appointed by the secretary of natural resources environmental management.

SB55-ASA1-AA1, s. 1346g Section 1346g. 33.55 (1) (p) of the statutes is created to read:

SB55-ASA1-AA1,372,24 33.55 (1) (p) One nonvoting representative from the department of fish, wildlife, parks, and forestry, who shall be appointed by the secretary of fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 1346h Section 1346h. 33.59 (1) of the statutes is amended to read:

SB55-ASA1-AA1,373,5 33.59 (1) The board of commissioners shall develop an implementation plan by April 1, 1998, and shall submit the plan to the department of natural resources environmental management, fish, wildlife, parks, and forestry, the county planning agency, the chairperson of the county board and the county executive of the county by April 1, 1998.

SB55-ASA1-AA1, s. 1346i Section 1346i. 33.59 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,373,12 33.59 (3) (intro.) Within 3 months after the implementation plan is developed and submitted under sub. (1), the department of environmental management, the department of fish, wildlife, parks, and forestry and the designated planning agencies under s. 281.51 that cover each county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to:".

SB55-ASA1-AA1,373,13 688. Page 512, line 6: after that line insert:

SB55-ASA1-AA1,373,14 " Section 1345m. 32.72 (1) of the statutes is amended to read:

SB55-ASA1-AA1,373,21 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election referendum called in accordance with s. 8.065 and adopted by a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?". The question shall be filed as provided in s. 8.37.".

SB55-ASA1-AA1,373,22 689. Page 512, line 6: after that line insert:

SB55-ASA1-AA1,373,23 " Section 1345cm. 31.387 of the statutes is created to read:

SB55-ASA1-AA1,374,7 31.387 Dam rehabilitation projects. The department shall establish and administer a grant program under which the department shall provide grants to counties to rehabilitate dams located in those counties. The department may only provide a grant for a project under this section to match federal funds provided for the project under the federal Watershed Protection and Flood Prevention Act of 1953 (Public Law 83-566). The department shall promulgate rules necessary to implement this section.".

SB55-ASA1-AA1,374,8 690. Page 514, line 6: after that line insert:

SB55-ASA1-AA1,374,9 " Section 1349u. 36.11 (27) of the statutes is created to read:

SB55-ASA1-AA1,374,13 36.11 (27) Condition on financial assistance. The board may not provide any state financial assistance under this chapter to any person during the period that the person is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473 if the person has not so registered.".

SB55-ASA1-AA1,374,14 691. Page 514, line 6: after that line insert:

SB55-ASA1-AA1,374,15 " Section 1349t. 36.11 (1) (cg) of the statutes is created to read:

SB55-ASA1-AA1,374,21 36.11 (1) (cg) The board shall ensure that each institution and college campus establishes a written policy regarding the use of classrooms and facilities by local organizations and businesses for employment-related training. The policy may condition access on payment of a reasonable fee, the availability of space, and the appropriateness of the training. The policy may limit access to activities that are consistent with the mission of the institution or college campus.".

SB55-ASA1-AA1,374,22 692. Page 515, line 23: after that line insert:

SB55-ASA1-AA1,374,23 " Section 1351z. 36.11 (46) of the statutes is created to read:

SB55-ASA1-AA1,375,3 36.11 (46) Undergraduate degree programs. The board shall ensure that at least 70% of undergraduate degree programs may be completed with no more than 124 credits.".

SB55-ASA1-AA1,375,4 693. Page 515, line 23: after that line insert:

SB55-ASA1-AA1,375,5 " Section 1351x. 36.11 (47m) of the statutes is created to read:

SB55-ASA1-AA1,375,9 36.11 (47m) Transfer of credit. (a) The board shall ensure that all institutions and college campuses accept credits transferred from the technical college system and from within the system for general education courses and for courses included in the plan required by 1999 Wisconsin Act 9, section 9154 (4g).

SB55-ASA1-AA1,375,13 (b) Notwithstanding par. (a), the board may, on a case-by-case basis, request that the standing committees on higher education in the senate and assembly block the transfer of credits. A majority vote of each committee is required to block the transfer.".

SB55-ASA1-AA1,375,14 694. Page 515, line 23: after that line insert:

SB55-ASA1-AA1,375,15 " Section 1351za. 36.11 (48m) of the statutes is created to read:

SB55-ASA1-AA1,375,18 36.11 (48m) Domestic abuse training. The board shall ensure that training for medical students and nursing students in dealing with the emotional and psychological impact of domestic abuse on victims is increased.".

SB55-ASA1-AA1,375,19 695. Page 515, line 23: after that line insert:

SB55-ASA1-AA1,375,20 " Section 1351u. 36.11 (54) of the statutes is created to read:

SB55-ASA1-AA1,375,24 36.11 (54) Wildlife biologist. The board shall ensure that the job description for the wildlife biologist at the University of Wisconsin-Stevens Point requires the person in that position to devote a significant portion of time to bear hunting research and data collection.".