AB75: Bill Text

AB75, s. 725 Section 725. 32.05 (2) (b) of the statutes is amended to read:

AB75,466,2 32.05 (2) (b) The condemnor shall provide the owner with a full narrative appraisal upon which the jurisdictional offer is based and a copy of any other appraisal made under par. (a) and at the same time shall inform the owner of his or her right to obtain an appraisal under this paragraph. The owner may obtain an appraisal by a qualified appraiser of all property proposed to be acquired, and may submit the reasonable costs of the appraisal to the condemnor for payment. The owner shall submit a full narrative appraisal to the condemnor within 60 days after the owner receives the condemnor's appraisal. If the owner does not accept a negotiated offer under sub. (2a) or the jurisdictional offer under sub. (3), the owner may use only an appraisal prepared received from the condemnor under this paragraph, or an appraisal submitted by the owner to the condemnor within 60 days after the owner received the condemnor's appraisal under this paragraph, in any subsequent appeal.

AB75, s. 726 Section 726. 32.05 (2a) of the statutes is amended to read:

AB75,467,11 32.05 (2a) Negotiation. Before making the jurisdictional offer provided in sub. (3), the condemnor shall attempt to negotiate personally with the owner or one of the owners or his or her representative of the property sought to be taken for the purchase of the same. In such negotiation the condemnor shall consider the owner's appraisal under sub. (2) (b) and may contract to pay the items of compensation enumerated in ss. 32.09 and 32.19 as may be applicable to the property in one or more installments on such conditions as the condemnor and property owners may agree. Before attempting to negotiate under this paragraph, the condemnor shall provide the owner or his or her representative with copies of applicable pamphlets prepared under s. 32.26 (6). When negotiating under this subsection, the condemnor shall provide the owner or his or her representative with the names of at least 10 neighboring landowners to whom offers are being made, or a list of all offerees if less than 10 owners are affected, together with a map showing all property affected by the project. Upon request by an owner or his or her representative, the condemnor shall provide the name of the owner of any other property which may be taken for the project. The owner or his or her representative shall also have the right, upon request, to examine any maps in the possession of the condemnor showing property affected by the project. The owner or his or her representative may obtain copies of such maps by tendering the reasonable and necessary costs of preparing copies. The condemnor shall record any conveyance by or on behalf of the owner of the property to the condemnor executed as a result of negotiations under this subsection with the register of deeds of the county in which the property is located. The conveyance shall state the identity of all persons having an interest of record in the property immediately prior to its conveyance, the legal description of the property, the nature of the interest acquired and the compensation for such acquisition. The condemnor shall serve upon or mail by certified mail to all persons named therein a copy of the conveyance and a notice of the right to appeal the amount of compensation under this subsection. Any person named in the conveyance may, within 6 months after the date of its recording, appeal from the amount of compensation therein stated in the manner set forth in subs. (9) to (12) and chs. 808 and 809 for appeals from an award under sub. (7). For purposes of any such appeal, the amount of compensation stated in the conveyance shall be treated as the award and the date the conveyance is recorded shall be treated as the date of taking and the date of evaluation.

AB75, s. 727 Section 727. 32.07 (2) of the statutes is amended to read:

AB75,467,23 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.

AB75, s. 728 Section 728. 32.20 of the statutes is amended to read:

AB75,468,19 32.20 Procedure for collection of itemized items of compensation. Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the condemnor carrying on the project through which condemnee's or claimant's claims arise. All such claims must be filed after the damages upon which they are based have fully materialized but not later than 2 years after the condemnor takes physical possession of the entire property acquired or such other event as determined by the department of commerce by rule. If such claim is not allowed within 90 days after the filing thereof, the claimant has a right of action against the condemnor carrying on the project through which the claim arises. Such action shall be commenced in a court of record in the county wherein the damages occurred not later than 2 years after the condemnor disallows the claim or not later than 2 years after the expiration of the 90-day period if the condemnor fails to disallow the claim within that period, whichever occurs later. In causes of action, involving any state commission, board or other agency, excluding counties, the sum recovered by the claimant shall be paid out of any funds appropriated to such condemning agency. Any judgment shall be appealable by either party and any amount recovered by the body against which the claim was filed, arising from costs, counterclaims, punitive damages or otherwise may be used as an offset to any amount owed by it to the claimant, or may be collected in the same manner and form as any other judgment.

AB75, s. 729 Section 729. 32.26 (3) of the statutes is repealed.

AB75, s. 730 Section 730. 32.26 (4) of the statutes is repealed.

AB75, s. 731 Section 731. 32.26 (5) of the statutes is repealed.

AB75, s. 732 Section 732. 32.26 (7) of the statutes is repealed.

AB75, s. 733 Section 733. 32.28 (3) (intro.) of the statutes is amended to read:

AB75,469,2 32.28 (3) (intro.) In lieu of costs under ch. 814 and subject to sub. (4), litigation expenses shall be awarded to the condemnee if:

AB75, s. 734 Section 734. 32.28 (4) of the statutes is created to read:

AB75,469,10 32.28 (4) If a condemnee is awarded litigation expenses under sub. (3) (d), (e), (g), or (h), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the award of the condemnation commission or jury verdict and the jurisdictional offer or highest written offer prior to the jurisdictional offer, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.

AB75,469,16 (b) If a condemnee is awarded litigation expenses under sub. (3) (f), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the jury verdict and the award of the condemnation commission, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.

AB75, s. 735 Section 735. 34.045 (1m) of the statutes is repealed.

AB75, s. 736 Section 736. 34.05 (1) of the statutes is amended to read:

AB75,470,4 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.

AB75, s. 737 Section 737. 34.05 (4) of the statutes is repealed.

AB75, s. 738 Section 738. 36.09 (1) (j) of the statutes is amended to read:

AB75,471,11 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.

AB75, s. 739 Section 739. 36.25 (7) of the statutes is amended to read:

AB75,471,18 36.25 (7) Soil and water conservation. The board is responsible for research and educational programs regarding soil and water conservation. The board shall cooperate with the land and water conservation board, the department of agriculture, trade and consumer protection and the counties in carrying out its soil and water conservation programs. The board shall prepare annually a written program of planned educational activities in soil and water conservation.

AB75, s. 740 Section 740. 36.25 (49) of the statutes is created to read:

AB75,472,4 36.25 (49) Academic fee increase grants. The board may make grants 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). 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. 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).

AB75, s. 741 Section 741. 36.25 (50) of the statutes is created to read:

AB75,472,7 36.25 (50) School of public health. The board may create a school of public health at the University of Wisconsin-Milwaukee.

AB75, s. 742 Section 742. 36.25 (51) of the statutes is created to read:

AB75,472,10 36.25 (51) School of freshwater sciences. The board may create a school of freshwater sciences at the University of Wisconsin-Milwaukee.

AB75, s. 743 Section 743. 36.27 (2) (cr) of the statutes is created to read:

AB75,472,14 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:

AB75,472,16 1. The person graduated from a high school in this state or received a declaration of equivalency of high school graduation from this state.

AB75,472,19 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.

AB75,472,23 3. The person enrolls in an institution and provides that institution with an affidavit stating 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.

AB75, s. 744 Section 744. 36.27 (3n) (b) (intro.) of the statutes is amended to read:

AB75,473,5 36.27 (3n) (b) (intro.) Except as provided in subds. 1. to 3. and par. (bm), the board shall grant full remission of academic fees and segregated fees for 128 credits or 8 semesters, whichever is longer, 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:

AB75, s. 745 Section 745. 36.27 (3n) (bm) of the statutes is created to read:

AB75,473,22 36.27 (3n) (bm) 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 38 USC 3500 to 3566 as well as under 38 USC 3319. For a resident student who is entitled to educational assistance under both 38 USC 3500 to 3566 and 38 USC 3319, if the amount of educational assistance, not including educational assistance for tuition, to which the resident student is entitled under 38 USC 3500 to 3566 is greater than the amount of educational assistance, not including educational assistance for tuition, to which the resident student is entitled under 38 USC 3319, as determined by the higher educational aids board, 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. The higher educational aids board shall make that determination and calculation in consultation with the Board of Regents.

AB75, s. 746 Section 746. 36.27 (3p) (b) of the statutes is amended to read:

AB75,474,3 36.27 (3p) (b) The Except as provided in par. (bm), 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 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.

AB75, s. 747 Section 747. 36.27 (3p) (bm) of the statutes is created to read:

AB75,474,20 36.27 (3p) (bm) 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 38 USC 3001 to 3036 as well as under 38 USC 3313. For a student who is entitled to educational assistance under both 38 USC 3001 to 3036 and 38 USC 3313, if the amount of educational assistance, not including educational assistance for tuition, to which the student is entitled under 38 USC 3001 to 3036 is greater than the amount of educational assistance, not including educational assistance for tuition, to which the student is entitled under 38 USC 3313, as determined by the higher educational aids board, 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. The higher educational aids board shall make that determination and calculation in consultation with the Board of Regents.

AB75, s. 748 Section 748. 38.04 (4) (ag) of the statutes is amended to read:

AB75,474,23 38.04 (4) (ag) A program approved by the development finance economic policy board under subch. IV V of ch. 560 is exempt from board approval under par. (a).

AB75, s. 749 Section 749. 38.15 (1) of the statutes is amended to read:

AB75,475,13 38.15 (1) Subject to sub. (3), if the district board intends to make a capital expenditure in excess of $1,000,000 $1,500,000, excluding moneys received from gifts, grants or federal funds, for the acquisition of sites, purchase or construction of buildings, the lease/purchase of buildings if costs exceed $1,000,000 $1,500,000 for the lifetime of the lease, building additions or enlargements or the purchase of fixed equipment relating to any such activity, it shall adopt a resolution stating its intention to do so and identifying the anticipated source of revenue for each project and shall submit the resolution to the electors of the district for approval. The referendum shall be noticed, called and conducted as provided in s. 67.05 (3) insofar as applicable. For the purposes of this section, all projects located on a single campus site within one district which are bid concurrently or which are approved by the board under s. 38.04 (10) within a 2-year period shall be considered as one capital expenditure project.

AB75, s. 750 Section 750. 38.15 (2) of the statutes is amended to read:

AB75,475,18 38.15 (2) No more than $1,000,000 $1,500,000 in reserve funds, consisting of property tax revenues and investment earnings on those revenues, may be utilized by the district board to finance capital expenditures in excess of $1,000,000 for the purposes under sub. (1).

AB75, s. 751 Section 751. 38.22 (6) (e) of the statutes is created to read:

AB75,475,21 38.22 (6) (e) Any person who is a citizen of a country other than the United States if that person meets all of the following requirements:

AB75,475,23 1. The person graduated from a high school in this state or received a declaration of equivalency of high school graduation from this state.

AB75,476,3 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.

AB75,476,7 3. The person enrolls in a district school and provides the district board with an affidavit stating 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.

AB75, s. 752 Section 752. 38.24 (3) (a) of the statutes is amended to read:

AB75,476,13 38.24 (3) (a) For all students who are not residents of this state, nor subject to reciprocal agreements with the board, annually the board shall establish a fee based on 100% of the statewide cost per full-time equivalent student for operating the programs in which they are enrolled 150 percent of program fees established under sub. (1m) (a) and (b).

AB75, s. 753 Section 753. 38.24 (7) (b) (intro.) of the statutes is amended to read:

AB75,476,18 38.24 (7) (b) (intro.) Except as provided in subds. 1. to 3. and par. (bm), the district board shall grant full remission of fees under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the amount of any fees paid under 38 USC 3319, to any resident student who is also any of the following:

AB75, s. 754 Section 754. 38.24 (7) (bm) of the statutes is created to read:

AB75,477,10 38.24 (7) (bm) Before the district board may grant a remission of fees under par. (b), the district board 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 38 USC 3500 to 3566 as well as under 38 USC 3319. For a resident student who is entitled to educational assistance under both 38 USC 3500 to 3566 and 38 USC 3319, if the amount of educational assistance, other than educational assistance for tuition, to which the resident student is entitled under 38 USC 3500 to 3566 is greater than the amount of educational assistance, other than educational assistance for tuition, to which the resident student is entitled under 38 USC 3319, as determined by the higher educational aids board, 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. The higher educational aids board shall make that determination and calculation in consultation with the board and district board.

AB75, s. 755 Section 755. 38.24 (8) (b) of the statutes is amended to read:

AB75,477,15 38.24 (8) (b) The Except as provided in par. (bm), the district board shall grant full remission of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the amount of any 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.

AB75, s. 756 Section 756. 38.24 (8) (bm) of the statutes is created to read:

AB75,478,6 38.24 (8) (bm) Before the district board may grant a remission of fees under par. (b), the district board shall require the student to apply to the payment of 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 38 USC 3001 to 3036 as well as under 38 USC 3313. For a student who is entitled to educational assistance under both 38 USC 3001 to 3036 and 38 USC 3313, if the amount of educational assistance, other than educational assistance for tuition, to which the student is entitled under 38 USC 3001 to 3036 is greater than the amount of educational assistance, other than educational assistance for tuition, to which the student is entitled under 38 USC 3313, as determined by the higher educational aids board, 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. The higher educational aids board shall make that determination and calculation in consultation with the board and district board.

AB75, s. 757 Section 757. 38.28 (2) (b) 2. of the statutes is amended to read:

AB75,478,11 38.28 (2) (b) 2. The most current equalized values certified by the department of revenue shall be used in aid determinations. Equalized values shall include the full value of property that is exempt under s. ss. 70.11 (27m), (39), and (39m) and 70.111 (27) as determined under s. 79.095 (3).

AB75, s. 758 Section 758. 38.41 (2) and (3) of the statutes are repealed.

AB75, s. 759 Section 759. 39.28 (2) of the statutes is amended to read:

AB75,478,21 39.28 (2) The board shall establish plans to be administered by the board for participation by this state under any federal acts relating to higher education and submit them to the U.S. secretary of education for the secretary's approval. The board may utilize such criteria for determination of priorities, participation, or purpose as are delineated in the federal acts. The board shall obtain the approval of the department of administration before the board may expend any federal economic stimulus funds from the appropriation account under s. 20.235 (2) (k) for any higher education capital or modernization project.

AB75, s. 760 Section 760. 39.435 (3) of the statutes is amended to read:

AB75,479,9 39.435 (3) The board shall establish the maximum amount of a grant awarded under sub. (1). The board may not establish a maximum amount that exceeds the maximum amount in the previous academic year unless the board determines, to the best of its ability, that in doing so the board will award grants under sub. (1) in the current academic year to at least as many students as the board awarded grants to under sub. (1) in the previous academic year. Grants under sub. (1) shall not be less than $250 during any one academic year, unless the joint committee on finance approves an adjustment in the amount of the minimum grant. Grants under sub. (1) shall not exceed $3,000 during any one academic year. The board shall, by rule, establish a reporting system to periodically provide student economic data and shall promulgate other rules the board deems necessary to assure uniform administration of the program.

AB75, s. 761 Section 761 . 39.435 (8) of the statutes is amended to read:

AB75,479,13 39.435 (8) The board shall award grants under this section to University of Wisconsin System students from the appropriation appropriations under s. 20.235 (1) (fe) and (ke).

AB75, s. 762 Section 762 . 39.435 (8) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,479,18 39.435 (8) The board shall award grants under this section to University of Wisconsin System students from the appropriations appropriation under s. 20.235 (1) (fe) and (ke).

AB75, s. 763 Section 763. 39.437 (1) of the statutes is amended to read:

AB75,479,24 39.437 (1) Establishment of grant program. There is established, to be administered by the board, with the assistance of the office of the Wisconsin Covenant Scholars Program in the department of administration as provided in subs. (2) (a) 2., (4), and (5), a Wisconsin Covenant Scholars Program to provide grants to students who meet the eligibility criteria specified in sub. (2).

AB75, s. 764 Section 764. 39.437 (2) (a) of the statutes is renumbered 39.437 (2) (a) (intro.) and amended to read:

AB75,480,4 39.437 (2) (a) (intro.) Except as provided in par. (b), a student is eligible for a grant under this section if the student is meets all of the following criteria:

AB75,480,8 1. The student is a resident of this state and is enrolled at least half time and registered as a freshman, sophomore, junior, or senior in a public or private, nonprofit, accredited institution of higher education or in a tribally controlled college in this state.

AB75, s. 765 Section 765. 39.437 (2) (a) 2. of the statutes is created to read:

AB75,480,12 39.437 (2) (a) 2. The student has been designated as a Wisconsin covenant scholar by the office of the Wisconsin Covenant Scholars Program in the department of administration.

AB75, s. 766 Section 766. 39.437 (4) (a) of the statutes is amended to read:

AB75,481,2 39.437 (4) (a) By February 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the board office of the Wisconsin Covenant Scholars Program in the department of administration information relating to the resident undergraduate academic fees charged to attend each of the institutions within that system for the current academic year, the technical college system board shall provide to the board that office information relating to the fees under s. 38.24 (1m) (a) to (c) charged to attend each of the technical colleges within that system for the current academic year, and each tribally controlled college in this state shall provide to the board that office information relating to the tuition and fees charged to attend the tribal college for the current academic year, and the Wisconsin Association of Independent Colleges and Universities or a successor organization shall provide to that office information relating to tuition and fees charged to attend each of the private, nonprofit, accredited institutions of higher education in this state for the currant academic year.

AB75, s. 767 Section 767. 39.437 (4) (b) of the statutes is amended to read:

AB75,481,12 39.437 (4) (b) By April 1 of each year, the board office of the Wisconsin Covenant Scholars Program in the department of administration shall determine the average of the resident undergraduate academic fees charged for the current academic year among the institutions within the University of Wisconsin System, the average of the fees under s. 38.24 (1m) (a) to (c) charged for the current academic year among the technical colleges in this state, and the average of the tuition and fees charged for the current academic year among the tribally controlled colleges in this state, and the average of the tuition and fees charged for the current academic year among the private, nonprofit, accredited institutions of higher education in this state.