31.19 (2) (title) Decennial
Large dam inspection.
28,710
Section
710. 31.19 (2) (a) of the statutes is amended to read:
31.19 (2) (a) Requirement
Inspection by the department. Except as provided under par. (b), at At least once every 10 years the department shall conduct a detailed inspection of each high hazard dam which is maintained or operated in or across navigable waters and each significant hazard dam.
28,711
Section
711. 31.19 (2) (ag) of the statutes is created to read:
31.19 (2) (ag) Owner responsibility. 1. Owners of each high hazard dam, each significant hazard dam, and each low hazard dam shall engage a professional engineer registered under s. 443.04 to inspect the dam as specified in this paragraph.
2. An owner of a high hazard dam shall cause the dam to be inspected at least 4 times between each inspection conducted by the department under par. (a). An owner of a significant hazard dam shall cause the dam to be inspected at least 2 times between each inspection conducted by the department under par. (a). An owner of a low hazard dam shall cause the dam to be inspected at least once every 10 years.
3. The owner of a dam required to be inspected under this paragraph shall submit to the department, no later than 90 days after the date of the inspection, a report of the results of the inspection. The report shall include information on any deficiencies in the dam, recommendations for addressing those deficiencies, and recommendations on improving the safety and structural integrity of the dam.
28,712
Section
712. 31.19 (2) (ar) of the statutes is created to read:
31.19 (2) (ar) Dam classification. The department shall classify each dam in this state as a high hazard, significant hazard, or low hazard dam for the purpose of this section.
28,712m
Section 712m. 31.19 (2) (b) of the statutes is amended to read:
31.19 (2) (b) Exemption for federally inspected dams. An Notwithstanding the inspection requirements under pars. (a) and (ag), an inspection under par. (a) or (ag) is not required if the dam is inspected periodically by or under the supervision of a federal agency in a manner which is acceptable to the department and if the results of each inspection are made available to the department.
28,713
Section
713. 31.385 (1b) (intro.) and (a) of the statutes are consolidated, renumbered 31.385 (1b) and amended to read:
31.385 (1b) In this section: (a) "Dam "dam safety project" means the maintenance, repair, modification, abandonment or removal of a dam to increase its safety or any other activity that will increase the safety of a dam.
28,714
Section
714. 31.385 (1b) (b) of the statutes is repealed.
28,715
Section
715. 31.385 (1m) (b) of the statutes is amended to read:
31.385 (1m) (b) To private owners for the removal of small dams.
28,715g
Section 715g. 31.385 (2) (a) 1. of the statutes is renumbered 31.385 (2) (a) 1. (intro.) and amended to read:
31.385 (2) (a) 1. (intro.) Except as provided in subd. 2., financial assistance for a dam safety project is limited to no the sum of the following:
a. No more than 50% of the cost
first $400,000 of costs of the project.
28,715m
Section 715m. 31.385 (2) (a) 1. b. of the statutes is created to read:
31.385 (2) (a) 1. b. No more than 25 percent of the costs of the project that exceed $400,000.
28,716
Section
716. 31.385 (2) (a) 2. of the statutes is amended to read:
31.385 (2) (a) 2. A project to remove an abandoned a dam shall not be subject to the 50% cost limit limits under subd. 1.
28,717
Section
717. 31.385 (2) (a) 3. of the statutes is amended to read:
31.385 (2) (a) 3. Financial assistance is limited to no more than $200,000 $400,000 for each dam safety project.
28,718
Section
718. 31.385 (2) (ag) of the statutes is amended to read:
31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL) and (tx), at least $250,000 shall be used for projects to remove small dams. A project to remove a small dam may include restoring the stream or river that was dammed.
28,719
Section
719. 31.385 (2) (ar) of the statutes is amended to read:
31.385 (2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL) and (tx), at least $100,000 shall be used for the removal of abandoned dams. The amounts required to be used under this paragraph are in addition to the amounts required to be used for the removal of dams under par. (ag).
28,721d
Section 721d. 31.385 (6) of the statutes is created to read:
31.385 (6) (a) Notwithstanding the limitations under sub. (2) (a) and the funding allocation requirements under sub. (2) (ag) and (ar), the department shall provide financial assistance to all of the following:
1. Adams County for a dam safety project for Easton Dam in the amount necessary for the project, but not to exceed $150,000.
2. The city of Stanley for a dam safety project for Stanley Dam in the amount necessary for the project, but not to exceed $150,000.
3. The city of Montello for a dam safety project for Montello Dam, in the amount necessary for the project, but not to exceed $150,000.
4. Eau Claire County for dam safety projects for Lake Altoona Dam, for Lake Eau Claire Dam, and for a dam located in Coon Fork Lake County Park, in the amount necessary for the projects, but not to exceed $27,000.
(b) The counties and cities need not contribute to the costs of the dam safety projects under par. (a) 1. to 4., and sub. (2) (c) does not apply to these projects. The dam safety projects under par. (a) 1. to 4. need not be included as dam safety projects under the inventory maintained by the department under sub. (4) in order to receive financial assistance under this subsection.
28,722
Section
722. 32.02 (11) of the statutes is amended to read:
32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333; community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under subch. II of ch. 229; or transit authority created under s. 66.1039.
28,723
Section
723. 32.035 (1) (b) of the statutes is amended to read:
32.035 (1) (b) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural commodities resulting from an agricultural use, as defined in s. 91.01 (1) (2), for sale and home use, and customarily producing the commodities in sufficient quantity to be capable of contributing materially to the operator's support.
28,724
Section
724. 32.05 (1) (a) of the statutes is amended to read:
32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, the secretary of transportation, a commission created by contract under s. 66.0301, a joint local water authority created by contract under s. 66.0823, a transit authority created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.
28,727
Section
727. 32.07 (2) of the statutes is amended to read:
32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.
28,735
Section
735. 34.045 (1m) of the statutes is repealed.
28,736
Section
736. 34.05 (1) of the statutes is amended to read:
34.05 (1) Except as provided in sub. (4), the The governing board of each public depositor shall, by resolution, designate one or more public depositories, organized and doing business under the laws of this state or federal law and located in this state, in which the treasurer of the governing board shall deposit all public moneys received by him or her and specify whether the moneys shall be maintained in time deposits subject to the limitations of s. 66.0603 (1m), demand deposits, or savings deposits and whether a surety bond or other security shall be required to be furnished under s. 34.07 by the public depository to secure the repayment of such deposits. A designation of a public depository by the governing board shall be a designation of the public depository for all treasurers of the governing board and for all public depositors for which each treasurer shall act.
28,737
Section
737. 34.05 (4) of the statutes is repealed.
28,738
Section
738. 36.09 (1) (j) of the statutes is amended to read:
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 or 111.998, 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 employees 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 (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) (ae) and (am) to correct a salary inequity that results from the appointment of a person to a position identified in s. 20.923 (4g) (ae) and (am) unless the increase is approved by the office of state 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 secretary of administration and director of the office of state 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.
28,738d
Section 738d. 36.11 (32) of the statutes is created to read:
36.11 (32) Nursing program. The board shall plan for the establishment of a bachelor of science nursing program at the University of Wisconsin-Stevens Point.
28,738e
Section 738e. 36.11 (48) of the statutes is amended to read:
36.11
(48) Report on utility charges; assessment of certain utility charges. The board shall ensure that the University of Wisconsin-Madison reports annually to the department of administration on utility charges in the following fiscal year to fund principal and interest costs incurred in purchasing the Walnut Street steam and chilled-water plant enumerated under
2003 Wisconsin Act 33, section
9106 (1) (g) 2.
and in renovating and adding an addition to the Charter Street heating and cooling plant enumerated under 2009 Wisconsin Act .... (this act), section 9106 (1) (g) 3., and the methodology used to calculate those charges. The board may not assess the utility charges until the charges are approved by the department of administration.
28,738s
Section 738s. 36.11 (55) of the statutes is created to read:
36.11 (55) Review of system contracts with research companies. The board shall review any contract submitted by the system under s. 946.13 (12) (b) 2. b. to determine whether entering into the contract would constitute a violation of s. 946.13 (1). The board shall complete the review and, if the board determines that entering into the contract would constitute a violation of s. 946.13 (1), notify the system of its determination within 45 days after the date of submittal.
28,740
Section
740. 36.25 (49) of the statutes is created to read:
36.25 (49) Academic fee increase grants. The board may make grants in the 2009-10 fiscal year from the appropriation under s. 20.285 (1) (kj), in the 2010-11 fiscal year from the appropriations under s. 20.285 (1) (a) and (kj), and in the 2011-12 fiscal year and each fiscal year thereafter from the appropriation under s. 20.285 (1) (a), to resident undergraduate students who do not receive grants under s. 39.435 that are payable from the appropriation under s. 20.235 (1) (fe), whose annual family income is less than $60,000, and who have unmet financial need. Beginning in fiscal year 2011-12, the board may make a grant under this subsection only to those students enrolled in the system during fiscal year 2010-11 who maintain continuous enrollment. A grant to a student under this subsection shall be in an amount determined by the board that corresponds to any increase, or any portion of an increase, in academic fees charged to the student, but may not exceed the amount of the student's unmet need. The board may not make a grant under this subsection to a student 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).
28,741
Section
741. 36.25 (50) of the statutes is created to read:
36.25 (50) School of public health. The board may create a school of public health at the University of Wisconsin-Milwaukee.
28,742
Section
742. 36.25 (51) of the statutes is created to read:
36.25 (51) School of freshwater sciences. The board may create a school of freshwater sciences at the University of Wisconsin-Milwaukee.
28,743
Section
743. 36.27 (2) (cr) of the statutes is created to read:
36.27 (2) (cr) A person who is a citizen of a country other than the United States is entitled to the exemption under par. (a) if that person meets all of the following requirements:
1. The person graduated from a high school in this state or received a declaration of equivalency of high school graduation from this state.
2. The person was continuously present in this state for at least 3 years following the first day of attending a high school in this state or immediately preceding receipt of a declaration of equivalency of high school graduation.
3. The person enrolls in an institution and provides that institution with proof that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
28,744d
Section 744d. 36.27 (3n) (b) (intro.) of the statutes is amended to read:
36.27
(3n) (b) (intro.) Except as provided in subds. 1. to 3.
and par. (bg), the board shall grant full remission of academic fees and segregated fees for 128 credits or 8 semesters, whichever is longer,
less the number of credits or semesters for which the person received remission of fees under s. 38.24 (7) and less the amount of any academic fees or segregated fees paid under 38 USC 3319, to any resident student who is also any of the following:
28,745d
Section 745d. 36.27 (3n) (bg) of the statutes is created to read:
36.27
(3n) (bg) Before the Board of Regents may grant a remission of academic fees and segregated fees under par. (b), the Board of Regents shall require the resident student to apply to the payment of those fees all educational assistance to which the resident student is entitled under
38 USC 3319. This requirement applies notwithstanding the fact that the resident student may be entitled to educational assistance under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566 as well as under
38 USC 3319, unless the resident student has 12 months or less of eligibility remaining for educational assistance under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566.
28,745f
Section 745f. 36.27 (3n) (bm) of the statutes is created to read:
36.27
(3n) (bm) 1. For a resident student who is entitled to educational assistance under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566 and under
38 USC 3319, if the amount of educational assistance, not including educational assistance for tuition, to which the resident student is entitled under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566 is greater than the amount of educational assistance, not including educational assistance for tuition, that the resident student received under
38 USC 3319
for an academic year , as determined by the higher educational aids board, in
June of the academic year the higher educational aids board shall reimburse the resident student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the Board of Regents.
2. If in any fiscal year there are insufficient moneys available in the appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under subd. 1. to all resident students who are eligible for that reimbursement, the higher educational aids board and the Board of Regents shall reimburse those resident students as provided in s. 39.50 (4).
28,746d
Section 746d. 36.27 (3p) (b) of the statutes is amended to read:
36.27
(3p) (b)
The Except as provided in par. (bg), the board shall grant full remission of nonresident tuition, academic fees, and segregated fees charged for 128 credits or 8 semesters, whichever is longer,
less the number of credits or semesters for which the person received remission of fees under s. 38.24 (8) and less the amount of any academic fees or segregated fees paid under
10 USC 2107 (c)
or, 38 USC 3104 (a) (7) (A),
or 38 USC 3313, to any student who is a veteran.
28,747d
Section 747d. 36.27 (3p) (bg) of the statutes is created to read:
36.27
(3p) (bg) Before the Board of Regents may grant a remission of nonresident tuition, academic fees, and segregated fees under par. (b), the board shall require the student to apply to the payment of that tuition and those fees all educational assistance to which the student is entitled under
38 USC 3313. This requirement applies notwithstanding the fact that the student may be entitled to educational assistance under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036 as well as under
38 USC 3313, unless the student has 12 months or less of eligibility remaining for educational assistance under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036.
28,747f
Section 747f. 36.27 (3p) (bm) of the statutes is created to read:
36.27
(3p) (bm) 1. For a student who is entitled to educational assistance under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036 and under
38 USC 3313, if the amount of educational assistance, not including educational assistance for tuition, to which the student is entitled under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036 is greater than the amount of educational assistance, not including educational assistance for tuition, that the student received under
38 USC 3313
for an academic year , as determined by the higher educational aids board, in
June of the academic year the higher educational aids board shall reimburse the student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the Board of Regents.
2. If in any fiscal year there are insufficient moneys available in the appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under subd. 1. to all students who are eligible for that reimbursement, the higher educational aids board and the Board of Regents shall reimburse those students as provided in s. 39.50 (4).
28,747m
Section 747m. 36.27 (4) (a) of the statutes is amended to read:
36.27 (4) (a) The board may annually exempt from nonresident tuition, but not from incidental or other fees, up to 200 300 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 150 225 students enrolled at the University of Wisconsin-Superior in programs identified by that institution as having surplus capacity.
28,747p
Section 747p. 36.34 (1) (c) 1. a. and b. of the statutes are amended to read:
36.34 (1) (c) 1. a. For purposes of calculating the amount to be appropriated under s. 20.285 (4) (dd) for fiscal year 2007-08 2011-12, "base amount" means the amount shown in the schedule under s. 20.005 for that appropriation for fiscal year 2006-07 2010-11.
b. For purposes of calculating the amount to be appropriated under s. 20.285 (4) (dd) for each fiscal year after fiscal year 2007-08 2011-12, "base amount" means the appropriation determined under subd. 2. for the previous fiscal year.
28,747r
Section 747r. 36.34 (1) (c) 2. (intro.) of the statutes is amended to read:
36.34 (1) (c) 2. (intro.) Beginning in 2007 2011, biennially, by February 1, the board shall calculate the amounts to be appropriated under s. 20.285 (4) (dd) for the next biennium as follows:
28,747rm
Section 747rm. 36.49 of the statutes is created to read:
