AB75, s. 734
3Section
734. 32.28 (4) of the statutes is created to read:
AB75,469,104
32.28
(4) If a condemnee is awarded litigation expenses under sub. (3) (d), (e),
5(g), or (h), the amount of attorney fees included in litigation expenses may not exceed
6an amount equal to one-third of the difference between the award of the
7condemnation commission or jury verdict and the jurisdictional offer or highest
8written offer prior to the jurisdictional offer, except that if one-third of that
9difference is less than $5,000 and the condemnee shows good cause, the amount of
10attorney fees included in litigation expenses may not exceed $5,000.
AB75,469,1611
(b) If a condemnee is awarded litigation expenses under sub. (3) (f), the amount
12of attorney fees included in litigation expenses may not exceed an amount equal to
13one-third of the difference between the jury verdict and the award of the
14condemnation commission, except that if one-third of that difference is less than
15$5,000 and the condemnee shows good cause, the amount of attorney fees included
16in litigation expenses may not exceed $5,000.
AB75, s. 735
17Section
735. 34.045 (1m) of the statutes is repealed.
AB75, s. 736
18Section
736. 34.05 (1) of the statutes is amended to read:
AB75,470,419
34.05
(1) Except as provided in sub. (4), the The governing board of each public
20depositor shall, by resolution, designate one or more public depositories, organized
21and doing business under the laws of this state or federal law and located in this
22state, in which the treasurer of the governing board shall deposit all public moneys
23received by him or her and specify whether the moneys shall be maintained in time
24deposits subject to the limitations of s. 66.0603 (1m), demand deposits, or savings
25deposits and whether a surety bond or other security shall be required to be
1furnished under s. 34.07 by the public depository to secure the repayment of such
2deposits. A designation of a public depository by the governing board shall be a
3designation of the public depository for all treasurers of the governing board and for
4all public depositors for which each treasurer shall act.
AB75, s. 737
5Section
737. 34.05 (4) of the statutes is repealed.
AB75, s. 738
6Section
738. 36.09 (1) (j) of the statutes is amended to read:
AB75,471,117
36.09
(1) (j) Except where such matters are a subject of bargaining with a
8certified representative of a collective bargaining unit under s. 111.91
or 111.998, the
9board shall establish salaries for persons not in the classified staff prior to July 1 of
10each year for the next fiscal year, and shall designate the effective dates for payment
11of the new salaries. In the first year of the biennium, payments of the salaries
12established for the preceding year shall be continued until the biennial budget bill
13is enacted. If the budget is enacted after July 1, payments shall be made following
14enactment of the budget to satisfy the obligations incurred on the effective dates, as
15designated by the board, for the new salaries, subject only to the appropriation of
16funds by the legislature and s. 20.928 (3). This paragraph does not limit the
17authority of the board to establish salaries for new appointments. The board may
18not increase the salaries of employees specified in ss. 20.923 (5) and (6) (m) and
19230.08 (2) (d) under this paragraph unless the salary increase conforms to the
20proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary
21increase to correct salary inequities under par. (h), to fund job reclassifications or
22promotions, or to recognize competitive factors. The board may not increase the
23salary of any position identified in s. 20.923 (4g) under this paragraph unless the
24salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the
25board authorizes the salary increase to correct a salary inequity or to recognize
1competitive factors. The board may not increase the salary of any position identified
2in s. 20.923 (4g) (ae) and (am) to correct a salary inequity that results from the
3appointment of a person to a position identified in s. 20.923 (4g) (ae) and (am) unless
4the increase is approved by the office of state employment relations. The granting
5of salary increases to recognize competitive factors does not obligate inclusion of the
6annualized amount of the increases in the appropriations under s. 20.285 (1) for
7subsequent fiscal bienniums. No later than October 1 of each year, the board shall
8report to the joint committee on finance and the secretary of administration and
9director of the office of state employment relations concerning the amounts of any
10salary increases granted to recognize competitive factors, and the institutions at
11which they are granted, for the 12-month period ending on the preceding June 30.
AB75, s. 739
12Section
739. 36.25 (7) of the statutes is amended to read:
AB75,471,1813
36.25
(7) Soil and water conservation. The board is responsible for research
14and educational programs regarding soil and water conservation. The board shall
15cooperate with
the land and water conservation board, the department of
16agriculture, trade and consumer protection and the counties in carrying out its soil
17and water conservation programs. The board shall prepare annually a written
18program of planned educational activities in soil and water conservation.
AB75, s. 740
19Section
740. 36.25 (49) of the statutes is created to read:
AB75,472,420
36.25
(49) Academic fee increase grants. The board may make grants from
21the appropriation under s. 20.285 (1) (a) to resident undergraduate students who do
22not receive grants under s. 39.435 that are payable from the appropriation under s.
2320.235 (1) (fe). A grant to a student under this subsection shall be in an amount
24determined by the board that corresponds to any increase, or any portion of an
25increase, in academic fees charged to the student. The board may not make a grant
1under this subsection to a student whose name appears on the statewide support lien
2docket under s. 49.854 (2) (b), unless the student provides to the board a payment
3agreement that has been approved by the county child support agency under s. 59.53
4(5) and that is consistent with rules promulgated under s. 49.858 (2) (a).
AB75, s. 741
5Section
741. 36.25 (50) of the statutes is created to read:
AB75,472,76
36.25
(50) School of public health. The board may create a school of public
7health at the University of Wisconsin-Milwaukee.
AB75, s. 742
8Section
742. 36.25 (51) of the statutes is created to read:
AB75,472,109
36.25
(51) School of freshwater sciences. The board may create a school of
10freshwater sciences at the University of Wisconsin-Milwaukee.
AB75, s. 743
11Section
743. 36.27 (2) (cr) of the statutes is created to read:
AB75,472,1412
36.27
(2) (cr) A person who is a citizen of a country other than the United States
13is entitled to the exemption under par. (a) if that person meets all of the following
14requirements:
AB75,472,1615
1. The person graduated from a high school in this state or received a
16declaration of equivalency of high school graduation from this state.
AB75,472,1917
2. The person was continuously present in this state for at least 3 years
18following the first day of attending a high school in this state or immediately
19preceding receipt of a declaration of equivalency of high school graduation.
AB75,472,2320
3. The person enrolls in an institution and provides that institution with an
21affidavit stating that the person has filed or will file an application for a permanent
22resident visa with U.S. Citizenship and Immigration Services as soon as the person
23is eligible to do so.
AB75, s. 744
24Section
744. 36.27 (3n) (b) (intro.) of the statutes is amended to read:
AB75,473,5
136.27
(3n) (b) (intro.) Except as provided in subds. 1. to 3.
and par. (bm), the
2board shall grant full remission of academic fees and segregated fees for 128 credits
3or 8 semesters, whichever is longer,
less the amount of any academic fees or
4segregated fees paid under 38 USC 3319, to any resident student who is also any of
5the following:
AB75, s. 745
6Section
745. 36.27 (3n) (bm) of the statutes is created to read:
AB75,473,227
36.27
(3n) (bm) Before the Board of Regents may grant a remission of academic
8fees and segregated fees under par. (b), the Board of Regents shall require the
9resident student to apply to the payment of those fees all educational assistance to
10which the resident student is entitled under
38 USC 3319. This requirement applies
11notwithstanding the fact that the resident student may be entitled to educational
12assistance under
38 USC 3500 to
3566 as well as under
38 USC 3319. For a resident
13student who is entitled to educational assistance under both
38 USC 3500 to
3566 14and
38 USC 3319, if the amount of educational assistance, not including educational
15assistance for tuition, to which the resident student is entitled under
38 USC 3500 16to
3566 is greater than the amount of educational assistance, not including
17educational assistance for tuition, to which the resident student is entitled under
38
18USC 3319, as determined by the higher educational aids board, the higher
19educational aids board shall reimburse the resident student for the difference in
20those amounts of educational assistance, as calculated by the higher educational
21aids board. The higher educational aids board shall make that determination and
22calculation in consultation with the Board of Regents.
AB75, s. 746
23Section
746. 36.27 (3p) (b) of the statutes is amended to read:
AB75,474,324
36.27
(3p) (b)
The Except as provided in par. (bm), the board shall grant full
25remission of nonresident tuition, academic fees, and segregated fees charged for 128
1credits or 8 semesters, whichever is longer, less the amount of any academic fees or
2segregated fees paid under
10 USC 2107 (c)
or, 38 USC 3104 (a) (7) (A),
or 38 USC
33313, to any student who is a veteran.
AB75, s. 747
4Section
747. 36.27 (3p) (bm) of the statutes is created to read:
AB75,474,205
36.27
(3p) (bm) Before the Board of Regents may grant a remission of
6nonresident tuition, academic fees, and segregated fees under par. (b), the board
7shall require the student to apply to the payment of that tuition and those fees all
8educational assistance to which the student is entitled under
38 USC 3313. This
9requirement applies notwithstanding the fact that the student may be entitled to
10educational assistance under
38 USC 3001 to
3036 as well as under
38 USC 3313.
11For a student who is entitled to educational assistance under both
38 USC 3001 to
123036 and
38 USC 3313, if the amount of educational assistance, not including
13educational assistance for tuition, to which the student is entitled under
38 USC
143001 to
3036 is greater than the amount of educational assistance, not including
15educational assistance for tuition, to which the student is entitled under
38 USC
163313, as determined by the higher educational aids board, the higher educational
17aids board shall reimburse the student for the difference in those amounts of
18educational assistance, as calculated by the higher educational aids board. The
19higher educational aids board shall make that determination and calculation in
20consultation with the Board of Regents.
AB75, s. 748
21Section
748. 38.04 (4) (ag) of the statutes is amended to read:
AB75,474,2322
38.04
(4) (ag) A program approved by the
development finance economic policy 23board under subch.
IV V of ch. 560 is exempt from board approval under par. (a).
AB75, s. 749
24Section
749. 38.15 (1) of the statutes is amended to read:
AB75,475,13
138.15
(1) Subject to sub. (3), if the district board intends to make a capital
2expenditure in excess of
$1,000,000 $1,500,000, excluding moneys received from
3gifts, grants or federal funds, for the acquisition of sites, purchase or construction of
4buildings, the lease/purchase of buildings if costs exceed
$1,000,000 $1,500,000 for
5the lifetime of the lease, building additions or enlargements or the purchase of fixed
6equipment relating to any such activity, it shall adopt a resolution stating its
7intention to do so and identifying the anticipated source of revenue for each project
8and shall submit the resolution to the electors of the district for approval. The
9referendum shall be noticed, called and conducted as provided in s. 67.05 (3) insofar
10as applicable. For the purposes of this section, all projects located on a single campus
11site within one district which are bid concurrently or which are approved by the
12board under s. 38.04 (10) within a 2-year period shall be considered as one capital
13expenditure project.
AB75, s. 750
14Section
750. 38.15 (2) of the statutes is amended to read:
AB75,475,1815
38.15
(2) No more than
$1,000,000
$1,500,000 in reserve funds, consisting of
16property tax revenues and investment earnings on those revenues, may be utilized
17by the district board to finance capital expenditures in excess of $1,000,000 for the
18purposes under sub. (1).
AB75, s. 751
19Section
751. 38.22 (6) (e) of the statutes is created to read:
AB75,475,2120
38.22
(6) (e) Any person who is a citizen of a country other than the United
21States if that person meets all of the following requirements:
AB75,475,2322
1. The person graduated from a high school in this state or received a
23declaration of equivalency of high school graduation from this state.
AB75,476,3
12. The person was continuously present in this state for at least 3 years
2following the first day of attending a high school in this state or immediately
3preceding receipt of a declaration of equivalency of high school graduation.
AB75,476,74
3. The person enrolls in a district school and provides the district board with
5an affidavit stating that the person has filed or will file an application for a
6permanent resident visa with U.S. Citizenship and Immigration Services as soon as
7the person is eligible to do so.
AB75, s. 752
8Section
752. 38.24 (3) (a) of the statutes is amended to read:
AB75,476,139
38.24
(3) (a) For all students who are not residents of this state, nor subject to
10reciprocal agreements with the board, annually the board shall establish a fee based
11on
100% of the statewide cost per full-time equivalent student for operating the
12programs in which they are enrolled 150 percent of program fees established under
13sub. (1m) (a) and (b).
AB75, s. 753
14Section
753. 38.24 (7) (b) (intro.) of the statutes is amended to read:
AB75,476,1815
38.24
(7) (b) (intro.) Except as provided in subds. 1. to 3.
and par. (bm), the
16district board shall grant full remission of fees under sub. (1m) (a) to (c) for 128
17credits or 8 semesters, whichever is longer,
less the amount of any fees paid under
1838 USC 3319, to any resident student who is also any of the following:
AB75, s. 754
19Section
754. 38.24 (7) (bm) of the statutes is created to read:
AB75,477,1020
38.24
(7) (bm) Before the district board may grant a remission of fees under par.
21(b), the district board shall require the resident student to apply to the payment of
22those fees all educational assistance to which the resident student is entitled under
2338 USC 3319. This requirement applies notwithstanding the fact that the resident
24student may be entitled to educational assistance under
38 USC 3500 to
3566 as well
25as under
38 USC 3319. For a resident student who is entitled to educational
1assistance under both
38 USC 3500 to
3566 and
38 USC 3319, if the amount of
2educational assistance, other than educational assistance for tuition, to which the
3resident student is entitled under
38 USC 3500 to
3566 is greater than the amount
4of educational assistance, other than educational assistance for tuition, to which the
5resident student is entitled under
38 USC 3319, as determined by the higher
6educational aids board, the higher educational aids board shall reimburse the
7resident student for the difference in those amounts of educational assistance, as
8calculated by the higher educational aids board. The higher educational aids board
9shall make that determination and calculation in consultation with the board and
10district board.
AB75, s. 755
11Section
755. 38.24 (8) (b) of the statutes is amended to read:
AB75,477,1512
38.24
(8) (b)
The Except as provided in par. (bm), the district board shall grant
13full remission of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8
14semesters, whichever is longer, less the amount of any fees paid under
10 USC 2107 15(c)
or, 38 USC 3104 (a) (7) (A),
or 38 USC 3313, to any student who is a veteran.
AB75, s. 756
16Section
756. 38.24 (8) (bm) of the statutes is created to read:
AB75,478,617
38.24
(8) (bm) Before the district board may grant a remission of fees under par.
18(b), the district board shall require the student to apply to the payment of those fees
19all educational assistance to which the student is entitled under
38 USC 3313. This
20requirement applies notwithstanding the fact that the student may be entitled to
21educational assistance under
38 USC 3001 to
3036 as well as under
38 USC 3313.
22For a student who is entitled to educational assistance under both
38 USC 3001 to
233036 and
38 USC 3313, if the amount of educational assistance, other than
24educational assistance for tuition, to which the student is entitled under
38 USC
253001 to
3036 is greater than the amount of educational assistance, other than
1educational assistance for tuition, to which the student is entitled under
38 USC
23313, as determined by the higher educational aids board, the higher educational
3aids board shall reimburse the student for the difference in those amounts of
4educational assistance, as calculated by the higher educational aids board. The
5higher educational aids board shall make that determination and calculation in
6consultation with the board and district board.
AB75, s. 757
7Section
757. 38.28 (2) (b) 2. of the statutes is amended to read:
AB75,478,118
38.28
(2) (b) 2. The most current equalized values certified by the department
9of revenue shall be used in aid determinations. Equalized values shall include the
10full value of property that is exempt under
s. ss. 70.11
(27m), (39)
, and (39m)
and
1170.111 (27) as determined under s. 79.095 (3).
AB75, s. 758
12Section
758. 38.41 (2) and (3) of the statutes are repealed.
AB75, s. 759
13Section
759. 39.28 (2) of the statutes is amended to read:
AB75,478,2114
39.28
(2) The board shall establish plans to be administered by the board for
15participation by this state under any federal acts relating to higher education and
16submit them to the U.S. secretary of education for the secretary's approval. The
17board may utilize such criteria for determination of priorities, participation
, or
18purpose as are delineated in the federal acts.
The board shall obtain the approval
19of the department of administration before the board may expend any federal
20economic stimulus funds from the appropriation account under s. 20.235 (2) (k) for
21any higher education capital or modernization project.
AB75, s. 760
22Section
760. 39.435 (3) of the statutes is amended to read:
AB75,479,923
39.435
(3) The board shall establish the maximum amount of a grant awarded
24under sub. (1). The board may not establish a maximum amount that exceeds the
25maximum amount in the previous academic year unless the board determines, to the
1best of its ability, that in doing so the board will award grants under sub. (1) in the
2current academic year to at least as many students as the board awarded grants to
3under sub. (1) in the previous academic year. Grants under sub. (1) shall not be less
4than $250 during any one academic year, unless the joint committee on finance
5approves an adjustment in the amount of the minimum grant.
Grants under sub.
6(1) shall not exceed $3,000 during any one academic year. The board shall, by rule,
7establish a reporting system to periodically provide student economic data and shall
8promulgate other rules the board deems necessary to assure uniform administration
9of the program.
AB75, s. 761
10Section
761
. 39.435 (8) of the statutes is amended to read:
AB75,479,1311
39.435
(8) The board shall award grants under this section to University of
12Wisconsin System students from the
appropriation
appropriations under s. 20.235
13(1) (fe)
and (ke).
AB75, s. 762
14Section
762
. 39.435 (8) of the statutes, as affected by 2009 Wisconsin Act ....
15(this act), is amended to read:
AB75,479,1816
39.435
(8) The board shall award grants under this section to University of
17Wisconsin System students from the
appropriations
appropriation under s. 20.235
18(1) (fe)
and (ke).
AB75, s. 763
19Section
763. 39.437 (1) of the statutes is amended to read:
AB75,479,2420
39.437
(1) Establishment of grant program. There is established, to be
21administered by the board,
with the assistance of the office of the Wisconsin
22Covenant Scholars Program in the department of administration as provided in
23subs. (2) (a) 2., (4), and (5), a Wisconsin Covenant Scholars Program to provide grants
24to students who meet the eligibility criteria specified in sub. (2).
AB75, s. 764
1Section
764. 39.437 (2) (a) of the statutes is renumbered 39.437 (2) (a) (intro.)
2and amended to read:
AB75,480,43
39.437
(2) (a) (intro.) Except as provided in par. (b), a student is eligible for a
4grant under this section if the student
is meets all of the following criteria:
AB75,480,8
51. The student is a resident of this state and is enrolled at least half time and
6registered as a freshman, sophomore, junior, or senior in a public or private,
7nonprofit, accredited institution of higher education or in a tribally controlled college
8in this state.
AB75, s. 765
9Section
765. 39.437 (2) (a) 2. of the statutes is created to read:
AB75,480,1210
39.437
(2) (a) 2. The student has been designated as a Wisconsin covenant
11scholar by the office of the Wisconsin Covenant Scholars Program in the department
12of administration.
AB75, s. 766
13Section
766. 39.437 (4) (a) of the statutes is amended to read:
AB75,481,214
39.437
(4) (a) By February 1 of each year, the Board of Regents of the University
15of Wisconsin System shall provide to the
board office of the Wisconsin Covenant
16Scholars Program in the department of administration information relating to the
17resident undergraduate academic fees charged to attend each of the institutions
18within that system for the current academic year, the technical college system board
19shall provide to
the board that office information relating to the fees under s. 38.24
20(1m) (a) to (c) charged to attend each of the technical colleges within that system for
21the current academic year,
and each tribally controlled college in this state shall
22provide to
the board that office information relating to the tuition and fees charged
23to attend the tribal college for the current academic year
, and the Wisconsin
24Association of Independent Colleges and Universities or a successor organization
25shall provide to that office information relating to tuition and fees charged to attend
1each of the private, nonprofit, accredited institutions of higher education in this state
2for the currant academic year.
AB75, s. 767
3Section
767. 39.437 (4) (b) of the statutes is amended to read:
AB75,481,124
39.437
(4) (b) By April 1 of each year, the
board office of the Wisconsin Covenant
5Scholars Program in the department of administration shall determine the average
6of the resident undergraduate academic fees charged for the current academic year
7among the institutions within the University of Wisconsin System, the average of the
8fees under s. 38.24 (1m) (a) to (c) charged for the current academic year among the
9technical colleges in this state,
and the average of the tuition and fees charged for
10the current academic year among the tribally controlled colleges in this state
, and
11the average of the tuition and fees charged for the current academic year among the
12private, nonprofit, accredited institutions of higher education in this state.
AB75, s. 768
13Section
768. 39.437 (4) (c) of the statutes is created to read:
AB75,481,1814
39.437
(4) (c) To the extent permitted under
20 USC 1232g and
34 CFR part
1599, the department of public instruction shall provide pupil information to the office
16of the Wisconsin Covenant Scholars Program in the department of administration
17as necessary for that office to fulfill its role in the administration of the grant
18program under this section.
AB75, s. 769
19Section
769. 39.437 (5) of the statutes is renumbered 39.437 (5) (intro.) and
20amended to read:
AB75,481,2221
39.437
(5) Rules. (intro.) The
board department of administration shall
22promulgate rules to implement this section, including
rules all of the following:
AB75,481,24
23(a) Rules establishing a reporting system to periodically provide student
24economic data
and any.
AB75,482,2
1(c) Any other rules the
board department of administration considers necessary
2to assure the uniform administration of this section.
AB75, s. 770
3Section
770. 39.437 (5) (b) of the statutes is created to read:
AB75,482,54
39.437
(5) (b) Rules establishing eligibility criteria for designation as a
5Wisconsin covenant scholar under sub. (2) (a) 2.
AB75, s. 771
6Section
771. 40.02 (2m) of the statutes is amended to read:
AB75,482,97
40.02
(2m) "Alternate payee" means a former spouse
or domestic partner of a
8participant who is named in a qualified domestic relations order as having a right
9to receive a portion of the benefits of the participant.
AB75, s. 772
10Section
772. 40.02 (8) (a) 2. of the statutes is amended to read:
AB75,482,2311
40.02
(8) (a) 2. In the absence of a written designation of beneficiary, or if all
12designated beneficiaries who survive the decedent die before filing with the
13department a beneficiary designation applicable to that death benefit or an
14application for any death benefit payable, the person determined in the following
15sequence: group 1, surviving spouse
or surviving domestic partner; group 2, children
16of the deceased participant, employee or annuitant, in equal shares, with the share
17of any deceased child payable to the issue of the child or, if there is no surviving issue
18of a deceased child, to the other eligible children in this group or, if deceased, their
19issue; group 3, parent, in equal shares if both survive; group 4, brother and sister in
20equal shares and the issue of any deceased brother or sister. The shares payable to
21the issue of a person shall be determined per stirpes. No payment may be made to
22a person included in any group if there is a living person in any preceding group, and
23s. 854.04 (6) shall not apply to a determination under this subsection.
AB75, s. 773
24Section
773. 40.02 (20) of the statutes is amended to read:
AB75,483,7
140.02
(20) "Dependent" means the spouse,
domestic partner, minor child,
2including stepchildren of the current marriage
or domestic partnership dependent
3on the employee for support and maintenance, or child of any age, including
4stepchildren of the current marriage
or domestic partnership, if handicapped to an
5extent requiring continued dependence. For group insurance purposes only, the
6department may promulgate rules with a different definition of "dependent" than the
7one otherwise provided in this subsection for each group insurance plan.