2011 Wisconsin Act 32

32,799 Section 799. 20.867 (3) (c) of the statutes is repealed.

32,799g Section 799g. 20.867 (3) (h) of the statutes is amended to read:

20.867 (3) (h) Principal repayment, interest, and rebates. A sum sufficient to guarantee full payment of principal and interest costs for self-amortizing or partially self-amortizing facilities enumerated under ss. 20.190 (1) (j), 20.245 (1) (j), 20.285 (1) (im), (gj) and (je), (jq), (kd), (km), and (ko), 20.370 (7) (eq), 20.485 (1) (go), and 20.867 (3) (kd) if moneys available in those appropriations are insufficient to make full payment, to make full payment of the amounts determined by the building commission under s. 13.488 (1) (m) if the appropriation under s. 20.190 (1) (j), 20.245 (1) (j), 20.285 (1) (im), (gj) and (je), (jq), (kd), (km), or (ko), 20.485 (1) (g), or 20.867 (3) (kd) is insufficient to make full payment of those amounts, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a). All amounts advanced under the authority of this paragraph shall be repaid to the general fund whenever the balance of the appropriation for which the advance was made is sufficient to meet any portion of the amount advanced. The department of administration may take whatever action is deemed necessary including the making of transfers from program revenue appropriations and corresponding appropriations from program receipts in segregated funds and including actions to enforce contractual obligations that will result in additional program revenue for the state, to ensure recovery of the amounts advanced.

32,799r Section 799r. 20.867 (3) (k) of the statutes is amended to read:

20.867 (3) (k) Interest rebates on obligation proceeds; program revenues. All moneys transferred from the appropriations under pars. (g) and (i) and ss. 20.190 (1) (j), 20.245 (1) (j), 20.285 (1) (kd) (gj), 20.410 (1) (ko) and 20.505 (5) (g) and (kc) to make the payments determined by the building commission under s. 13.488 (1) (m) on the proceeds of obligations specified in those paragraphs.

32,804 Section 804. 20.916 (3) of the statutes is amended to read:

20.916 (3) Furnishing of group transportation to place of work. The department of health services, the department of corrections, and the department of natural resources may, with the approval of the governor and the department of administration, provide group transportation, in the absence of convenient and public scheduled transportation, for employees to and from the Mendota and Winnebago mental health institutes and the centers for the developmentally disabled in the case of employees of the department of health services, to the Ethan Allen School, the Taycheedah Correctional Institution, and the Fox Lake Correctional Institution in the case of employees of the department of corrections, and to and from its temporary branch offices located at the Nevin Fish Hatchery grounds in the case of employees of the department of natural resources. Any employee, if injured while being so transported, shall be considered to have been in the course of his or her employment.

32,804m Section 804m. 20.916 (10) of the statutes is created to read:

20.916 (10) Applicability. This section shall not apply to officers or employees of the Board of Regents of the University of Wisconsin System.

32,804t Section 804t. 20.921 (2) (c) of the statutes is created to read:

20.921 (2) (c) The head of each state agency, as defined in s. 40.02 (54), shall deduct from the salary of each employee the contributions required by s. 40.05 (1) (a) as provided in s. 40.05 (1) (b).

32,805 Section 805. 20.923 (4) (intro.) of the statutes is amended to read:

20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (h). Except for positions specified in par. pars. (c) 3m. and (g) 1e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

32,807 Section 807. 20.923 (4) (c) 2. of the statutes is created to read:

20.923 (4) (c) 2. Administration, department of; office of business development: director.

32,808 Section 808. 20.923 (4) (f) 8m. of the statutes is amended to read:

20.923 (4) (f) 8m. Regulation and licensing Safety and professional services, department of: secretary.

32,809 Section 809. 20.923 (4) (g) 1e. of the statutes is created to read:

20.923 (4) (g) 1e. Administration, department of; division of enterprise technology: administrator.

32,809g Section 809g. 20.923 (4g) of the statutes is repealed.

32,809r Section 809r. 20.923 (5) of the statutes is repealed.

32,812 Section 812. 20.923 (6) (am) of the statutes is amended to read:

20.923 (6) (am) Each elective executive officer, except the secretary of state and the state treasurer: a stenographer.

32,812m Section 812m. 20.923 (6) (bm) of the statutes is amended to read:

20.923 (6) (bm) Investment board: all positions except blue collar and clerical positions.

32,813g Section 813g. 20.923 (6) (Lm) of the statutes is created to read:

20.923 (6) (Lm) University of Wisconsin-Madison, chancellor: all positions assigned to the University of Wisconsin-Madison, other than chancellor of the University of Wisconsin-Madison.

32,813r Section 813r. 20.923 (6) (m) of the statutes is amended to read:

20.923 (6) (m) University of Wisconsin System: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in s. 40.02 (55), the staff of the environmental education board, and instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) all positions, including the chancellor of the University of Wisconsin-Madison, but not including any other position assigned to the University of Wisconsin-Madison.

32,814 Section 814. 20.923 (8) of the statutes is amended to read:

20.923 (8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2) and 551.601 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration is assigned to executive salary group 2.

32,815 Section 815. 20.923 (12) (title) of the statutes is amended to read:

20.923 (12) (title) Other department of regulation and licensing safety and professional services positions.

32,815b Section 815b. 20.923 (14) (b) of the statutes is repealed.

32,815d Section 815d. 20.923 (15) (b) of the statutes is amended to read:

20.923 (15) (b) Except for the positions identified in subs. (4g), (5), and sub. (7) (b), the pay of any incumbent whose salary is subject to a limitation under this section may not equal or exceed that amount paid the governor.

32,815f Section 815f. 20.923 (16) of the statutes is amended to read:

20.923 (16) Overtime and compensatory time exclusion. The salary paid to any person whose position is included under subs. (2), (4), (4g), (5), (7), and (8) to (12) is deemed to compensate that person for all work hours. No overtime compensation may be paid, and no compensatory time under s. 103.025 may be provided, to any such person for hours worked in any workweek in excess of the standard basis of employment as specified in s. 230.35 (5) (a).

32,815g Section 815g. 20.924 (1) (a) of the statutes is amended to read:

20.924 (1) (a) Shall authorize the design and construction of any building, structure or facility costing in excess of $500,000 $760,000 regardless of funding source, only if that project is enumerated in the authorized state building program.

32,815h Section 815h. 20.924 (1) (b) of the statutes is amended to read:

20.924 (1) (b) Shall authorize the acquisition of land, or the repair, remodeling or improvement to any existing building, structure or facility costing in excess of $500,000 $760,000, regardless of funding source, only if that project is enumerated in the authorized state building program. This paragraph does not apply to the acquisition of land by the building commission in the city of Madison within a block number specified in s. 13.48 (18). This paragraph does not apply to projects authorized under s. 16.858.

32,815i Section 815i. 20.924 (1) (b) of the statutes, as affected by 1997 Wisconsin Acts 5 and 27, is amended to read:

20.924 (1) (b) Shall authorize the acquisition of land, or the repair, remodeling or improvement to any existing building, structure or facility costing in excess of $500,000 $760,000, regardless of funding source, only if that project is enumerated in the authorized state building program. This paragraph does not apply to projects authorized under s. 16.858.

32,817m Section 817m. 20.927 (1m) of the statutes is amended to read:

20.927 (1m) Except as provided under subs. (2) and (3), no funds of this state or of any county, city, village, town or long-term care district under s. 46.2895 or of any subdivision or agency of this state, including an authority created in ch. 233, or of any subdivision or agency of any county, city, village or town and no federal funds passing through the state treasury shall be authorized for or paid to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion.

32,822d Section 822d. 23.0912 (title) of the statutes is repealed and recreated to read:

23.0912 (title) Land management, maintenance, and improvement activities.

32,822g Section 822g. 23.0912 (1) of the statutes is renumbered 23.0912 (1g) and amended to read:

23.0912 (1g) The department may contract with nonprofit conservation organizations, as defined in s. 23.0955 (1), and with private companies and other 3rd parties to perform land management, maintenance, and improvement activities on department land, as defined in s. 23.0917 (1) (c).

32,822j Section 822j. 23.0912 (1b) of the statutes is created to read:

23.0912 (1b) In this section:

(a) "Department land" has the meaning given in s. 23.0917 (1) (c).

(b) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

32,822m Section 822m. 23.0912 (1m) of the statutes is created to read:

23.0912 (1m) The department may receive gifts, grants, and bequests of money, materials, or services from nonprofit conservation organizations and other donors for the performance of land management, maintenance, and improvement activities on department land.

32,822p Section 822p. 23.0912 (1r) of the statutes is created to read:

23.0912 (1r) The department may acknowledge the performance of activities pursuant to contracts under sub. (1g) and the receipt of moneys, materials, and services under sub. (1m) by the use of signs or by bulletins, pamphlets, or other communications that are published or electronically transmitted by the department.

32,822s Section 822s. 23.0912 (2) of the statutes is amended to read:

23.0912 (2) The department shall prepare, for the joint committee on finance, an annual report concerning any contracts into which the department enters under sub. (1) (1g) during each fiscal year. For each contract entered, the report shall include information concerning the cost of the contract, the activities performed under the contract, and an assessment of the cost-effectiveness of the contract. The department shall submit the report to the committee no later than November 15 for the preceding fiscal year, and shall submit the first report no later than November 15, 2008.

32,822t Section 822t. 23.0913 of the statutes is created to read:

23.0913 Report on land acquisitions. (1) In this section, "land" has the meaning given in s. 23.0917 (1) (d).

(2) On or before November 15 of each odd-numbered year, the department of natural resources shall submit to the joint committee on finance and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report regarding the total number of acres of land that the department plans to acquire for any of the the purposes specified in s. 23.09 (2) (d).

32,822u Section 822u. 23.0915 (2c) (b) of the statutes is amended to read:

23.0915 (2c) (b) If the amount of moneys available for expenditure for a purpose under sub. (1) (a) to (n) on July 1, 2000, is greater than zero, the department may expend for that purpose any portion of or all of the moneys available for expenditure in one or more subsequent fiscal years, subject to par. (d).

32,822v Section 822v. 23.0915 (2c) (c) of the statutes is amended to read:

23.0915 (2c) (c) If the amount of moneys available for expenditure for a purpose under sub. (1) (a) to (k) is not sufficient for a given project or activity and if the project or activity is uniquely valuable in conserving the natural resources of the state, the department may expend for that project or activity moneys that are designated for any of the purposes under sub. (1) (a) to (k) in one or more subsequent years, subject to par. (d).

32,822w Section 822w. 23.0915 (2c) (d) of the statutes is created to read:

23.0915 (2c) (d) No moneys may be committed for expenditure from the appropriation under s. 20.866 (2) (tz) after June 30, 2020.

32,825 Section 825. 23.0916 (2) (a) of the statutes is amended to read:

23.0916 (2) (a) Earlier acquisitions. Except as provided in par. (b) and sub. (4), any person receiving a stewardship grant on or after October 27, 2007, and before the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

32,826 Section 826. 23.0916 (2) (am) of the statutes is created to read:

23.0916 (2) (am) Later acquisitions. Except as provided in par. (b) or (c) and sub. (4), any person receiving a stewardship grant on or after the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

32,827 Section 827. 23.0916 (2) (b) (intro.) of the statutes is amended to read:

23.0916 (2) (b) Authority to prohibit access; earlier acquisitions; trails. (intro.) The Except as provided in par. (c), the person receiving the a stewardship grant subject to par. (a) or (am) may prohibit public access for one or more nature-based outdoor activities, only if the natural resources board determines that it is necessary to do so in order to do any of the following:

32,828 Section 828. 23.0916 (2) (c) of the statutes is created to read:

23.0916 (2) (c) Authority to prohibit access; later acquisitions. For acquisitions of land or easements that are not for state trails or the ice age trail the person receiving a stewardship grant subject to par. (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following:

1. Protect public safety.

2. Protect a unique animal or plant community.

32,829 Section 829. 23.0916 (3) (a) (title) of the statutes is created to read:

23.0916 (3) (a) (title) All acquisitions.

32,830 Section 830. 23.0916 (3) (b) (intro.), 1., 2. and 3. of the statutes are consolidated, renumbered 23.0916 (3) (b) and amended to read:

23.0916 (3) (b) Authority to prohibit access; earlier acquisitions; trails. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities if the natural resources board determines that it is necessary to do so in order to do any of the following: 1. Protect protect public safety. 2. Protect, protect a unique animal or plant community. 3. Accommodate, or accommodate usership patterns, as defined by rule by the department. This paragraph applies to all acquisitions of land in fee simple and easements on former managed forest land that occur on former managed forest land before the effective date of this paragraph .... [LRB inserts date], and to the acquisition of easements on former managed forest land for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

32,831 Section 831. 23.0916 (3) (c) of the statutes is created to read:

23.0916 (3) (c) Authority to prohibit access; later acquisitions. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so to protect public safety or to protect a unique animal or plant community. This paragraph applies to acquisitions of land in fee simple and easements on former managed forest land for purposes other than for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

32,832 Section 832. 23.0916 (4) of the statutes is amended to read:

23.0916 (4) Fish and game refuges. The department or an owner of land that is in a fish or game refuge and that is subject to sub. (2) (a) or (am) or (3) (a) may prohibit hunting, fishing, or trapping, or any combination thereof.

32,833 Section 833. 23.0916 (5) (a) of the statutes is amended to read:

23.0916 (5) (a) Provisions relating to public access for nature-based outdoor activities for all lands other than those subject to sub. (2) (a) or (am) or (3) (a) that are acquired in whole or in part with funding from the stewardship programs under ss. 23.0915 and 23.0917.