2009 Wisconsin Act 28

28,706c Section 706c. 30.52 (3m) (title) and (a) of the statutes are amended to read:

30.52 (3m) (title) Voluntary contributions; lake research invasive species grants. (a) Any applicant for the issuance or renewal of a certificate of number or registration under sub. (3) (b) to (im) may, in addition to paying the fee charged for the certificate, elect to make a voluntary $3 contribution of at least $2 to be used for lake research by the department concerning invasive species that are aquatic species and for grants under s. 23.22 (2) (c) to control invasive species that are aquatic species.

28,706g Section 706g. 30.52 (3m) (am) of the statutes is created to read:

30.52 (3m) (am) If a person appointed under sub. (1m) (a) 3. collects a voluntary contribution under par. (a) from an applicant for the issuance or renewal of a certificate of number or registration, the person collecting the voluntary contribution may retain 50 cents of the voluntary contribution to compensate for the person's services in collecting the voluntary contribution.

28,706k Section 706k. 30.52 (3m) (b) of the statutes is amended to read:

30.52 (3m) (b) All moneys collected under par. (a) , less the amount retained as authorized under par. (am), shall be deposited into the account under s. 20.370 (3) (is).

28,706m Section 706m. 30.527 of the statutes is created to read:

30.527 Nonresident boat sticker. (1) Except as provided in sub. (2), beginning on January 1, 2010, no person may operate, and no owner may give permission for operation of, a boat in the waters of this state unless a nonresident boat sticker issued under this subsection is displayed on the boat.

(2) The requirement under sub. (1) does not apply to a person who operates, or gives permission for the operation of, a boat if any of the following applies:

(a) The boat is covered by a registration issued by the department under s. 30.51 (1) (b).

(b) The boat is exempt from registration under s. 30.51 (2) (a) 1., 2., 3m., 4., or 6. to 9. or (c) 1., 2., or 4.

(c) The boat does not land or dock at, or launch from, a pier, wharf, or other area on, or extending from, the shore of the waters of this state.

(3) A person who applies for issuance of a nonresident boat sticker under this section shall pay the department a fee of $14.25. A nonresident boat sticker issued under this section may be issued only by the department and persons appointed by the department and expires on December 31 of each year.

(4) (a) The department may appoint any person who is not an employee of the department as the department's agent to issue nonresident boat stickers and to collect the fees for these stickers.

(b) Any person, including the department, who issues a nonresident boat sticker shall collect in addition to the fee under sub. (3) an issuing fee of 75 cents. An agent appointed under sub. (3) may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the sticker.

(c) The department shall establish, by rule, procedures for issuing nonresident boat stickers and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this subsection.

28,706r Section 706r. 31.02 (4g) of the statutes is repealed.

28,706s Section 706s. 31.02 (4r) of the statutes is repealed.

28,707 Section 707. 31.19 (1) of the statutes is renumbered 31.19 (1m) and amended to read:

31.19 (1m) Determination of dam size. For the purposes of this section, a dam is considered to be a large dam if either of the following applies:

(a) It has a structural height of 25 feet or more and impounds more than 15 acre-feet of water; or.

(b) It has a structural height of more than 6 feet and impounds more than 50 acre-feet or more of water.

28,708 Section 708. 31.19 (1g) of the statutes is created to read:

31.19 (1g) Definitions. In this section:

(a) "High hazard dam" means a large dam the failure of which would probably cause loss of human life.

(b) "Low hazard dam" means a large dam the failure of which would probably not cause significant property damage or loss of human life.

(c) "Significant hazard dam" means a large dam the failure of which would probably cause significant property damage but would probably not cause loss of human life.

28,709 Section 709. 31.19 (2) (title) of the statutes is amended to read:

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: