1999 Wisconsin Act 9

31.02 (6) The department shall Except as provided in sub. (7m), the department may operate, repair and maintain the dams and dykes dikes constructed across drainage ditches and streams in drainage districts, in the interest of drainage control, water conservation, irrigation, conservation, pisciculture and to provide areas suitable for the nesting and breeding of aquatic wild bird life and the propagation of fur-bearing animals.

9,867xv Section 867xv. 31.02 (7) of the statutes is amended to read:

31.02 (7) The department shall confer with the drainage commissioners in each drainage district on the formation of policies for the operation and maintenance of the dams; in districts having no commissioners, the department shall confer in like manner with the committee appointed by the county board, if any, to represent either such drainage district, or in the event that the drainage district is dissolved, to represent the interests of the county in all matters whatsoever pertaining to water conservation and control within the area which theretofore constituted such drainage district. This subsection does not apply to the Duck Creek Drainage District.

9,867xw Section 867xw. 31.02 (7m) of the statutes is created to read:

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 may exercise its authority under subs. (6), (8) and (9).

9,867y Section 867y. 31.309 (title) of the statutes is amended to read:

31.309 (title) Portage levee system and canal.

9,867z Section 867z. 31.309 (1) (am) of the statutes is created to read:

31.309 (1) (am) The city of Portage may use any amounts from the grant awarded under par. (a) for the renovation and repair of the Portage canal.

9,868 Section 868. 31.385 (title) of the statutes is amended to read:

31.385 (title) Dam maintenance, repair, modification, abandonment and removal safety; aid program.

9,869b Section 869b. 31.385 (1) of the statutes is renumbered 31.385 (1m) (intro.) and amended to read:

31.385 (1m) (intro.) The department shall promulgate the rules necessary to administer a financial assistance program for municipalities and public inland lake protection and rehabilitation districts for dam maintenance, repair, modification, abandonment and removal. dam safety projects under which financial assistance shall be provided as follows:

9,870b Section 870b. 31.385 (1b) of the statutes is created to read:

31.385 (1b) In this section:

(a) "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.

(b) "Small dam" means a dam that is less than 15 feet high and that creates an impoundment of 100 surface acres of water or less.

9,870m Section 870m. 31.385 (1m) (a) of the statutes is created to read:

31.385 (1m) (a) To municipalities and public inland lake protection and rehabilitation districts for any type of dam safety projects.

9,870p Section 870p. 31.385 (1m) (b) of the statutes is created to read:

31.385 (1m) (b) To private owners for the removal of small dams.

9,870r Section 870r. 31.385 (1m) (c) of the statutes is created to read:

31.385 (1m) (c) To any persons for the removal of abandoned dams.

9,871 Section 871. 31.385 (2) (intro.) of the statutes is amended to read:

31.385 (2) (intro.) The following standards shall apply to financial assistance under this section for dam maintenance, repair, modification, abandonment and removal safety projects:

9,872b Section 872b. 31.385 (2) (a) of the statutes is renumbered 31.385 (2) (a) 1. and amended to read:

31.385 (2) (a) 1. State Except as provided in subd. 2., financial assistance for a dam safety project is limited to no more than 50% of the cost of a particular project involving dam maintenance, repair, modification, abandonment or removal and no more than $200,000 of state financial assistance for a particular the project.

9,872e Section 872e. 31.385 (2) (a) 2. of the statutes is created to read:

31.385 (2) (a) 2. A project to remove an abandoned dam shall not be subject to the 50% cost limit under subd. 1.

9,872g Section 872g. 31.385 (2) (a) 3. of the statutes is created to read:

31.385 (2) (a) 3. Financial assistance is limited to no more than $200,000 for each dam safety project.

9,873b Section 873b. 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), at least $250,000 shall be used for projects to remove small dams that are less than 15 feet wide and that create impoundments of 50 acre-feet of water or less. A project under this paragraph to remove a small dam may include restoring the stream or river that was dammed.

9,874 Section 874. 31.385 (2) (bm) of the statutes is created to read:

31.385 (2) (bm) The department may provide financial assistance for an activity other than the maintenance, repair, modification, abandonment or removal of the dam only if the cost of that activity will be less than the cost of the maintenance, repair, modification or removal of the dam.

9,875 Section 875. 31.385 (2) (c) (intro.) of the statutes is amended to read:

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

9,876 Section 876. 31.385 (2) (c) 1. of the statutes is amended to read:

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

9,876g Section 876g. 31.385 (2) (c) 2. of the statutes is amended to read:

31.385 (2) (c) 2. The municipality or , public inland lake protection and rehabilitation district or other person applying for state financial assistance under this section has received directives from the department or is under order by the department to maintain, repair, modify, abandon or remove a dam on August 9, 1989.

9,877b Section 877b. 31.385 (3) of the statutes is amended to read:

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

9,877d Section 877d. 31.385 (4) of the statutes is created to read:

31.385 (4) (a) The department shall maintain an inventory of all dams in the state that require dam safety project under this section. The inventory shall list the dam safety projects in the chronological order in which they are required to be undertaken. For each dam safety project on the inventory, the department shall include a statement of which parts of the dam safety project are required to protect the rights held by the public in the navigable waters contained by the dam.

(b) The department shall provide notice to the owner of a dam that is included in the inventory. The department shall by rule establish a notice and hearing process for a dam owner to object to the inclusion of the owner's dam on the list. The department shall use this notice and hearing each time a dam is included in the inventory. The process shall include a public hearing in the city, village or town in which the dam is located, a public comment period, and an appeals process.

9,877m Section 877m. 33.44 (1) (dm) of the statutes is created to read:

33.44 (1) (dm) One member who is a member of the Yahara Lakes Association.

9,877p Section 877p. 33.44 (3) of the statutes is amended to read:

33.44 (3) Five Six commissioners shall constitute a quorum for the transaction of business.

9,877r Section 877r. 33.44 (7) of the statutes is amended to read:

33.44 (7) The board of commissioners shall meet at least quarterly, and at other times on the call of the chairperson or on the petition of 5 6 of the members.

9,884a Section 884a. 34.01 (2) (a) of the statutes is amended to read:

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

9,885a Section 885a. 34.10 of the statutes is amended to read:

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

9,886 Section 886. 36.11 (6) (b) of the statutes is amended to read:

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

9,887 Section 887. 36.11 (36) of the statutes is created to read:

36.11 (36) Aquaculture demonstration facility. (a) The board, in consultation with representatives of the aquaculture industry, shall operate the aquaculture demonstration facility authorized under 1999 Wisconsin Act .... (this act), section 9107 (1) (i) 3.

(b) The board shall ensure that the aquaculture demonstration facility provides applied research and training to aquaculturists, including Native American aquaculturists, and to personnel at state fish hatcheries and that the research and training emphasize all of the following areas related to aquaculture:

1. Environmental impact.

2. Water quality.

3. Appropriate water use.

4. Fish health science.

5. Innovative aquaculture methods and practices.

6. Demonstration, education and outreach activities through the extension.

9,887d Section 887d. 36.11 (36m) of the statutes is created to read:

36.11 (36m) School safety research. The board shall direct the schools of education and other appropriate research-oriented departments within the system, to work with the technical college system board under s. 38.04 (27), school districts, private schools and the department of public instruction to present to school districts and private schools the results of research on models for and approaches to improving school safety and reducing discipline problems in schools and at school activities.

9,887m Section 887m. 36.11 (37) of the statutes is created to read:

36.11 (37) Extension local planning program. The board shall offer a local planning program through the extension to educate local policymakers about local planning and the grant program under s. 16.965.

9,887r Section 887r. 36.11 (38) of the statutes is created to read:

36.11 (38) Study of programs in Marathon County. The board shall study the feasibility of expanding the offering of 4-year and graduate degree programs in Marathon County when sufficient private funds or funds from a municipality, as defined in s. 67.01 (5), have been raised to pay for the study. The board shall submit a copy of the report under this subsection to the governor, and to the legislature under s. 13.172 (2).

9,887s Section 887s. 36.11 (39) of the statutes is created to read:

36.11 (39) Gaylord Nelson chair of integrated environmental studies . The board shall establish the Gaylord Nelson chair of integrated environmental studies and seek private funding for this chair.

9,887t Section 887t. 36.11 (40) of the statutes is created to read:

36.11 (40) Center for cooperatives. The board shall maintain a center for cooperatives at the University of Wisconsin-Madison.

9,889 Section 889. 36.25 (14) of the statutes is amended to read:

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

9,890m Section 890m. 36.25 (29g) of the statutes is created to read:

36.25 (29g) The board shall establish in the college of natural resources at the University of Wisconsin-Stevens Point a center to conduct studies and research relating to watershed management.

9,891 Section 891. 36.25 (30) of the statutes is amended to read:

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

9,891b Section 891b. 36.25 (30g) of the statutes is amended to read:

36.25 (30g) Recycling market development program. The board shall establish in the extension, in cooperation with the recycling market development board, a program of education and technical assistance related to recycling market development. The program shall serve waste generators, as defined in s. 287.40 (4); solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.

9,891g Section 891g. 36.25 (44) of the statutes is created to read:

36.25 (44) International business development. The University of Wisconsin-Milwaukee shall collaborate with other institutions to develop and implement programs and training for Wisconsin businesses and University of Wisconsin System faculty in the area of international business development.

9,891k Section 891k. 36.25 (45) of the statutes is created to read:

36.25 (45) Stray voltage research. The board shall establish a stray voltage research program to conduct research on all of the following in the order of priority listed in pars. (a) to (e):