Amendment ASA1-AB768

AB768-ASA1,63,20 29.557 (3) A person may hunt deer or, wild turkeys or small game in a state park, or in a portion of a state park, designated by if the department has authorized by rule, for that type of the hunting of that type of game in the state park, or in the portion of the state park, and if the person holds the approvals required under this chapter for hunting that type of hunting game.

AB768-ASA1, s. 73 Section 73. 29.574 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,64,20 29.574 (3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the issuing of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, subject to s. 29.09 (11m) and (11r), the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been issued, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.

AB768-ASA1, s. 74 Section 74. 29.575 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,65,5 29.575 (3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, subject to s. 29.09 (11m) and (11r), the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.

AB768-ASA1, s. 76 Section 76. 29.578 (4) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,65,25 29.578 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section. Section 29.09 (11m) and (11r) applies to the issuance of licenses under this subsection.

AB768-ASA1, s. 77 Section 77. 29.578 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,66,5 29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m) and (11r), if the licensee has not violated any of the provisions under which it was issued.

AB768-ASA1, s. 79 Section 79. 29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Acts 35 and .... (Senate Bill 494), is amended to read:

AB768-ASA1,66,10 29.578 (14) (am) Subject to s. 29.09 (11m) and (11r), the department may issue special retail deer sale permits authorizing a person to retail venison in the carcass from a deer lawfully killed under this section to any retailer of meats.

AB768-ASA1, s. 80 Section 80. 29.578 (14) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,66,18 29.578 (14) (b) (intro.) Any person may serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the department after investigation is satisfied that the application is satisfactory, the department, subject to s. 29.09 (11m) and (11r), shall issue a venison serving permit conditioned as follows:

AB768-ASA1, s. 82ac Section 82ac. 29.598 (3) (cm) of the statutes is created to read:

AB768-ASA1,66,23 29.598 (3) (cm) List of participants. A county that administers the wildlife damage abatement program or the wildlife damage claim program shall maintain a list of participants in the program and shall make the list available for public inspection.

AB768-ASA1, s. 82ad Section 82ad. 29.598 (7m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,67,9 29.598 (7m) (a) Requirements. A person who receives wildlife damage abatement assistance or wildlife damage claim payments and any other person who owns, leases or controls the land where the wildlife damage occurred shall permit hunting of the type of wild animals causing the wildlife damage on that land and on contiguous land under the same ownership, lease or control, subject to par. (ae). In order to satisfy the requirement to permit hunting under this subsection, the land shall be open to hunting during the appropriate open season. The county, with the assistance of the department, shall determine the acreage of land suitable for hunting.

AB768-ASA1, s. 82ae Section 82ae. 29.598 (7m) (ae) of the statutes is created to read:

AB768-ASA1,67,12 29.598 (7m) (ae) Conditions. 1. A hunter may hunt on land covered by par. (a) only if the hunter notifies the landowner of his or her intent to hunt on the land.

AB768-ASA1,67,14 2. A hunter may not bring a motor vehicle onto land covered by par. (a) without the permission of the landowner.

AB768-ASA1,67,16 3. A hunter may not use a stand located on land covered by par. (a) without the permission of the landowner.

AB768-ASA1,67,18 4. A landowner may deny a hunter access to land covered by par. (a) for reasonable cause, including any of the following:

AB768-ASA1,67,20 a. The presence of at least 2 hunters per 40 acres of eligible land when the hunter notifies the landowner that he or she intends to hunt on the land.

AB768-ASA1,67,21 b. The hunter appears to be intoxicated or unruly.

AB768-ASA1,67,22 c. The hunter causes property damage.

AB768-ASA1,67,24 d. The hunter fails to notify the landowner of his or her intent to hunt on the land or brings a motor vehicle onto the land without the permission of the landowner.

AB768-ASA1, s. 82ag Section 82ag. 29.62 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,68,6 29.62 (1) The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water.

AB768-ASA1, s. 82aj Section 82aj. 30.103 of the statutes is created to read:

AB768-ASA1,68,13 30.103 Identification of ordinary high-water mark by town sanitary district. A town sanitary district may identify the ordinary high-water mark of a lake that lies wholly within unincorporated territory and wholly within the town sanitary district. The department may not identify an ordinary high-water mark of a lake that is different than the ordinary high-water mark identified by a town sanitary district under this section.

AB768-ASA1, s. 82am Section 82am. 36.05 (3) of the statutes is amended to read:

AB768-ASA1,68,16 36.05 (3) "Campus" means the publicly owned or leased buildings and grounds which comprise all or part of a university, a center an institution or the extension.

AB768-ASA1, s. 82b Section 82b. 36.05 (4) of the statutes is renumbered 36.05 (6m) and amended to read:

AB768-ASA1,68,20 36.05 (6m) "Center "College campus" means any one of the 2-year collegiate campuses of the system.

AB768-ASA1, s. 82c Section 82c. 36.05 (9) of the statutes is amended to read:

AB768-ASA1,68,23 36.05 (9) "Institution" means any university or an organizational equivalent designated by the board and the University of Wisconsin colleges.

AB768-ASA1, s. 82d Section 82d. 36.05 (14) of the statutes is created to read:

AB768-ASA1,69,2 36.05 (14) "University of Wisconsin Colleges" means the college campuses as a whole.

AB768-ASA1, s. 82eg Section 82eg. 36.09 (1) (e) of the statutes is amended to read:

AB768-ASA1,69,16 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each center college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; with the advice of the land information board; and the requisite number of officers, other than the vice presidents, associate vice presidents and assistant vice presidents of the system; faculty; academic staff and other employes and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4) (4g), (4m) and (5) and 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4) (4g), (4m) and (5) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin or sex shall ever be allowed or exercised in the appointment of the employes of the system.

AB768-ASA1, s. 82er Section 82er. 36.09 (1) (e) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB768-ASA1,70,6 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents and assistant vice presidents of the system; faculty; academic staff and other employes and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g), (4m) and (5) and 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g), (4m) and (5) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin or sex shall ever be allowed or exercised in the appointment of the employes of the system.

AB768-ASA1, s. 82f Section 82f. 36.09 (1) (h) of the statutes is amended to read:

AB768-ASA1,70,16 36.09 (1) (h) The board shall allocate funds and adopt budgets for the respective institutions giving consideration to the principles of comparable budgetary support for similar programs and equitable compensation for faculty and academic staff with comparable training, experience and responsibilities and recognizing competitive ability to recruit and retain qualified faculty and academic staff. If the board ceases or suspends operation of any institution or center college campus, the appropriations to the board for operation of the institution or center college campus may be utilized by the board for any other purpose authorized by the appropriations within the period for which the appropriations are made.

AB768-ASA1, s. 82fm Section 82fm. 36.09 (1) (j) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB768-ASA1,72,2 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, 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 employes 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 (4) (j) or (4m) under this paragraph unless the salary increase conforms to the compensation plan for executive salary group positions as approved under s. 230.12 (3) (b) 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) 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) to correct a salary inequity that results from the appointment of a person to a position identified in s. 20.923 (4g) unless the increase is approved by the department of 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 departments of administration and 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.

AB768-ASA1, s. 82g Section 82g. 36.11 (8e) of the statutes is amended to read:

AB768-ASA1,72,12 36.11 (8e) Parking fees. The board shall direct each institution and center within the system to charge a parking fee for the parking of motor vehicles by students, faculty, academic and classified staff and visitors at campus. The board shall require the fee to be sufficient to recover the costs of the construction and maintenance necessary for the parking facilities. Nothing in this paragraph shall be deemed to require the recovery of the costs of land for parking facilities. Nothing in this paragraph shall be deemed to require that all users of the parking facilities be charged a parking fee. Center College campus facilities owned by a county are not required to charge a parking fee.

AB768-ASA1, s. 82h Section 82h. 36.11 (16) of the statutes is amended to read:

AB768-ASA1,72,17 36.11 (16) Commencement of fall semester. The board shall ensure that no fall semester classes at any center or institution within the system, except medical school classes and 4th year classes at the school of veterinary medicine, commence until after September 1.

AB768-ASA1, s. 82i Section 82i. 36.11 (21) of the statutes is amended to read:

AB768-ASA1,73,2 36.11 (21) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by a center college campus or institution or by the system, that constitutes a violation of ch. 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a system environment that is free from controlled substances, as defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

AB768-ASA1, s. 82j Section 82j. 36.11 (22) (a) (intro.) of the statutes is amended to read:

AB768-ASA1,73,5 36.11 (22) (a) (intro.) The board shall direct each institution and center college campus to:

AB768-ASA1, s. 82jm Section 82jm. 36.11 (22) (a) 1. c. of the statutes is amended to read:

AB768-ASA1,73,9 36.11 (22) (a) 1. c. The rights of victims under ch. 950 and the services available at the institution or center college campus and in the community to assist a student who is the victim of sexual assault or sexual harassment.

AB768-ASA1, s. 82k Section 82k. 36.11 (22) (a) 2. of the statutes is amended to read:

AB768-ASA1,73,13 36.11 (22) (a) 2. Annually supply to all students enrolled in the institution or center college campus printed material that includes all of the information under par. (a).

AB768-ASA1, s. 82L Section 82L. 36.11 (22) (b) of the statutes is amended to read:

AB768-ASA1,73,18 36.11 (22) (b) Annually, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall indicate the methods each institution and center college campus have used to comply with par. (a).

AB768-ASA1, s. 82m Section 82m. 36.11 (22) (c) of the statutes is amended to read:

AB768-ASA1,73,25 36.11 (22) (c) Any person employed at an institution or center who witnesses a sexual assault on campus or receives a report from a student enrolled in the institution or center that the student has been sexually assaulted shall report to the dean of students of the institution or to the dean of the center. The dean of students or dean shall compile reports for the purpose of disseminating statistical information under par. (a) 1. b.

AB768-ASA1, s. 82n Section 82n. 36.11 (22) (d) of the statutes is amended to read:

AB768-ASA1,74,7 36.11 (22) (d) Annually, each institution and center shall report to the office of justice assistance in the department of administration statistics on sexual assaults and on sexual assaults by acquaintances of the victims that occurred on the each campus of the institution or center in the previous year. The office of justice assistance shall include the statistics in appropriate crime reports published by the office.

AB768-ASA1, s. 82p Section 82p. 36.12 (1) of the statutes is amended to read:

AB768-ASA1,74,13 36.12 (1) No student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions or centers because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.

AB768-ASA1, s. 82q Section 82q. 36.12 (2) (a) (intro.) of the statutes is amended to read:

AB768-ASA1,74,17 36.12 (2) (a) (intro.) The board shall direct each institution and center to establish policies and procedures to protect students from discrimination under sub. (1). The policies and procedures shall do all of the following:

AB768-ASA1, s. 82r Section 82r. 36.12 (2) (a) 3. of the statutes is amended to read:

AB768-ASA1,74,20 36.12 (2) (a) 3. Require a complainant to file a complaint with the institution or center within 300 days of the alleged violation of sub. (1).

AB768-ASA1, s. 82s Section 82s. 36.12 (2) (a) 4. of the statutes is amended to read:

AB768-ASA1,74,25 36.12 (2) (a) 4. Provide periods within which the complainant and the institution or center must act for each procedural step leading to the issuance of a final decision and for appeal of the final decision to the chancellor of the institution or dean of the center.

AB768-ASA1, s. 82t Section 82t. 36.12 (3) (a) of the statutes is amended to read:

AB768-ASA1,75,3 36.12 (3) (a) The number of complaints received at each institution and center alleging a violation of sub. (1) and the disposition of each such complaint.

AB768-ASA1, s. 82u Section 82u. 36.17 (2) of the statutes is amended to read:

AB768-ASA1,75,11 36.17 (2) Limited appointments apply to the following positions: president, provost, vice president, associate vice president, assistant vice president, chancellor, vice chancellor, associate chancellor, assistant chancellor, associate vice chancellor, assistant vice chancellor, center system college campus dean, secretary of the board, associate secretary of the board, assistant secretary of the board, trust officer and assistant trust officer and such other administrative positions as the board determines at the time of the appointment.

AB768-ASA1, s. 82v Section 82v. 36.25 (26) of the statutes is amended to read:

AB768-ASA1,75,15 36.25 (26) Day care centers. A center college campus may establish a day care center and may use funds received from the appropriation under s. 20.285 (1) (a) to operate it.

AB768-ASA1, s. 82wg Section 82wg. 36.27 (2) (a) 1. to 6. of the statutes are amended to read:

AB768-ASA1,75,19 36.27 (2) (a) 1. Any adult student who has been a bona fide resident of the state for 12 months next preceding the beginning of any semester or session for which such student registers at a university or center an institution.

AB768-ASA1,75,23 2. Any minor student, if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at a university or center an institution.

AB768-ASA1,76,2 3. Any adult student who is a dependent of his or her parents under 26 USC 152 (a), if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at a university or center an institution.

AB768-ASA1,76,6 4. Any minor student who has resided substantially in this state during the years of minority and at least 12 months next preceding the beginning of any semester or session for which such student registers at a university or center an institution.

AB768-ASA1,76,10 5. Any minor student under guardianship in this state pursuant to ch. 48 or 880 whose legal guardian has been a bona fide resident of this state for at least 12 months next preceding the beginning of any semester or session for which such student registers at a university or center an institution.

AB768-ASA1,76,19 6. Any adult student who has been employed as a migrant worker for at least 2 months each year for 3 of the 5 years next preceding the beginning of any semester or session for which the student registers at a university or center an institution, or for at least 3 months each year for 2 of the 5 years next preceding the beginning of any semester or session for which the student registers at a university or center an institution, any adult student whose parent or legal guardian has been so employed while the student was a minor and any minor student whose parent or legal guardian has been so employed. In this subdivision, "migrant worker" has the meaning specified in s. 103.90 (5).

AB768-ASA1, s. 82wr Section 82wr. 36.27 (2) (c) of the statutes is amended to read:

AB768-ASA1,76,25 36.27 (2) (c) Any student who is a graduate of a Wisconsin high school and whose parents are bona fide residents of this state for 12 months next preceding the beginning of any semester or session for which the student registers at a university or center an institution or whose last surviving parent was a bona fide resident of this state for the 12 months preceding death is entitled to the exemption under par. (a).

AB768-ASA1, s. 82xe Section 82xe. 36.27 (2) (cm) of the statutes is amended to read:

AB768-ASA1,77,9 36.27 (2) (cm) Any person continuously employed full time in this state, who was relocated to this state by his or her current employer or who moved to this state for employment purposes and accepted his or her current employment before applying for admission to an institution or center and before moving, and the spouse and dependents of any such person, are entitled to the exemption under par. (a) if the student demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under par. (e). In this paragraph, "dependents" has the meaning given in 26 USC 152 (a).