Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,100,23 31.02 (title) Powers and duties of department.

AB133-ASA1-AA2, s. 867xr Section 867xr. 31.02 (4) (c) of the statutes is amended to read:

AB133-ASA1-AA2,101,5 31.02 (4) (c) With good and sufficient fishway or fishways or fish ladders, or in lieu thereof the owner may be permitted to enter into an agreement with the department to pay for or to supply to the state of Wisconsin annually such quantities of game fish for stocking purposes as may be agreed upon by the owner and the department.

AB133-ASA1-AA2, s. 867xs Section 867xs. 31.02 (4g) of the statutes is created to read:

AB133-ASA1-AA2,101,8 31.02 (4g) The department may not impose the requirement under sub. (4) (c) on an owner of a dam unless all of the following apply:

AB133-ASA1-AA2,101,9 1. The rules promulgated under sub. (4r) are in effect.

AB133-ASA1-AA2,101,12 2. The federal government or the state implements a program to provide cost-sharing grants to owners of dams for equipping dams with fishways or fish ladders and a grant is available to the dam owner under the program.

AB133-ASA1-AA2, s. 867xt Section 867xt. 31.02 (4r) of the statutes is created to read:

AB133-ASA1-AA2,101,17 31.02 (4r) The department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by public that affect the placement of fishways or fish ladders in navigable waters that are dammed.".

AB133-ASA1-AA2,101,18 384. Page 499, line 9: after that line insert:

AB133-ASA1-AA2,101,19 " Section 867xo. 31.02 (6) of the statutes is amended to read:

AB133-ASA1-AA2,102,2 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.

AB133-ASA1-AA2, s. 867xq Section 867xq. 31.02 (7) of the statutes is repealed.

AB133-ASA1-AA2, s. 867xr Section 867xr. 31.02 (7m) of the statutes is created to read:

AB133-ASA1-AA2,102,10 31.02 (7m) A county drainage board shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in drainage districts 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 sub. (6).

AB133-ASA1-AA2, s. 867xs Section 867xs. 31.02 (8) of the statutes is repealed.

AB133-ASA1-AA2, s. 867xt Section 867xt. 31.02 (9) of the statutes is repealed.".

AB133-ASA1-AA2,102,13 385. Page 502, line 14: after that line insert:

AB133-ASA1-AA2,102,14 " Section 884a. 34.01 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,103,9 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.

AB133-ASA1-AA2, s. 885a Section 885a. 34.10 of the statutes is amended to read:

AB133-ASA1-AA2,104,13 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.".

AB133-ASA1-AA2,104,14 386. Page 502, line 14: after that line insert:

AB133-ASA1-AA2,104,15 " Section 877d. 31.385 (4) of the statutes is created to read:

AB133-ASA1-AA2,104,21 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.

AB133-ASA1-AA2,105,3 (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.".

AB133-ASA1-AA2,105,4 387. Page 502, line 14: after that line insert:

AB133-ASA1-AA2,105,5 " Section 882m. 32.72 (1) of the statutes is amended to read:

AB133-ASA1-AA2,105,12 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election referendum called in accordance with s. 8.065 and adopted by a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?".".

AB133-ASA1-AA2,105,14 388. Page 502, line 23: delete the material beginning with that line and ending with page 503, line 3.

AB133-ASA1-AA2,105,15 389. Page 503, line 3: after that line insert:

AB133-ASA1-AA2,105,16 " Section 887d. 36.11 (36m) of the statutes is created to read:

AB133-ASA1-AA2,105,23 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.".

AB133-ASA1-AA2,105,24 390. Page 503, line 4: delete lines 4 to 7.

AB133-ASA1-AA2,106,1 391. Page 503, line 14: after that line insert:

AB133-ASA1-AA2,106,2 " Section 887t. 36.11 (40) of the statutes is created to read:

AB133-ASA1-AA2,106,4 36.11 (40) Center for cooperatives. The board shall maintain a center for cooperatives at the University of Wisconsin-Madison.".

AB133-ASA1-AA2,106,6 392. Page 504, line 5: delete the material beginning with that line and ending with page 505, line 23, and substitute:

AB133-ASA1-AA2,106,7 "36.25 (5) (c) 1. In this paragraph:

AB133-ASA1-AA2,106,8 a. "Broadcasting corporation" has the meaning given in s. 39.81 (2).

AB133-ASA1-AA2,106,10 b. "Broadcasting station" means any broadcasting station for which the board of regents holds a license.

AB133-ASA1-AA2,106,11 c. "Friends group" has the meaning given in s. 39.81 (5).

AB133-ASA1-AA2,106,13 2. The board of regents shall enter into an agreement with the broadcasting corporation that requires the board of regents to do each of the following:

AB133-ASA1-AA2,106,14 a. Allow the broadcasting corporation to operate each broadcasting station.

AB133-ASA1-AA2,106,17 b. Grant the broadcasting corporation operational control over any facility or asset of the board of regents that is necessary for the operation of each broadcasting station.

AB133-ASA1-AA2,106,19 c. Maintain the facilities and assets that are necessary for the operation of each broadcasting station.

AB133-ASA1-AA2,106,20 d. Retain the license for each broadcasting station.

AB133-ASA1-AA2,106,22 e. Provide administrative services to the broadcasting corporation that are necessary for the broadcasting corporation to operate the each broadcasting station.

AB133-ASA1-AA2,107,3 f. Provide assistance in developing and delivering elementary and secondary school educational programming. Any assistance provided under this subd. 2. f. shall be provided at no cost to private and public elementary and secondary schools, unless the broadcasting corporation determines that the assistance shall be provided at cost.

AB133-ASA1-AA2,107,7 g. Provide assistance to the technical college system in developing and delivering educational programming. Any assistance provided under this subd. 2. g. shall be provided at no cost to the technical college system, unless the broadcasting corporation determines that the assistance shall be provided at cost.

AB133-ASA1-AA2,107,8 3. An agreement under subd. 2. shall satisfy each of the following:

AB133-ASA1-AA2,107,10 a. The agreement shall remain in effect until the maturity date of any public debt issued under s. 13.48 (31) (c).

AB133-ASA1-AA2,107,14 b. The agreement shall ensure that the board of regents has access to broadcasting facilities and air time that is equal to or greater then the access of the board of regents prior to the effective date of this subdivision 3. b. .... [revisor inserts date].

AB133-ASA1-AA2,107,17 c. The agreement shall provide for transferring to the broadcasting corporation any funds raised by each friends group that is organized to raise funds for a broadcasting station for which the board of regents holds a license.

AB133-ASA1-AA2,107,19 5. An agreement under subd. 2. may not take effect without the approval of the secretary of administration.

AB133-ASA1-AA2,107,23 6. This paragraph does not apply unless the secretary of administration determines under s. 39.88 (1) that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.".

AB133-ASA1-AA2,107,24 393. Page 508, line 8: after that line insert:

AB133-ASA1-AA2,108,1 " Section 895s. 36.55 of the statutes is created to read:

AB133-ASA1-AA2,108,9 36.55 Reporting employment harassment and discrimination claims. By September 1 of each even-numbered year, the president shall submit a report to the chief clerk of each house for distribution to the legislature under s. 13.172 (2) that contains a description of each employment harassment or discrimination claim filed against the board or an employe of the board and resolved in favor of the claimant, the amount of any settlement paid to or judgment entered for the claimant and a description of any discipline of board employes resulting from the resolution of the claim.".

AB133-ASA1-AA2,108,10 394. Page 508, line 8: after that line insert:

AB133-ASA1-AA2,108,11 " Section 895s. 36.56 of the statutes is created to read:

AB133-ASA1-AA2,108,18 36.56 Grants for forestry cooperatives. (1) From the appropriation under s. 20.285 (1) (kg), the center for cooperatives under s. 36.11 (40) may award grants to persons to form forestry cooperatives under ch. 185 that consist primarily of private, nonindustrial owners of woodland. A grant recipient shall provide matching funds equal to 50% of the grant amount awarded. The match may be in the form of money or in-kind services or both, but may not include money received from the state.

AB133-ASA1-AA2,108,22 (2) In each fiscal year, the center for cooperatives may not encumber funds from the appropriation under s. 20.285 (1) (kg) for administrative expenses if the amounts encumbered in that fiscal year for administrative expenses exceed 5% of the total expenditures from the appropriation for the fiscal year.".

AB133-ASA1-AA2,109,2 395. Page 508, line 21: delete the material beginning with "the direct" and ending with "center" on line 22 and substitute "the direct operating costs of services provided at the center and at least 20% of the indirect operating costs of services provided at the center, pursuant to a contract under s. 38.14 (3) (a)".

AB133-ASA1-AA2,109,3 396. Page 508, line 23: after that line insert:

AB133-ASA1-AA2,109,5 "d. The district board consulted with representatives of business and labor on the development of the center.".

AB133-ASA1-AA2,109,6 397. Page 509, line 6: after that line insert:

AB133-ASA1-AA2,109,7 " Section 896m. 38.04 (27) of the statutes is created to read:

AB133-ASA1-AA2,109,13 38.04 (27) School safety. The board shall work with schools of education and other departments of the University of Wisconsin System under s. 36.11 (36m), 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.".

AB133-ASA1-AA2,109,14 398. Page 509, line 7: delete "(3)" and substitute "(4)".

AB133-ASA1-AA2,109,15 399. Page 509, line 9: delete "(3)" and substitute "(4)".

AB133-ASA1-AA2,109,16 400. Page 509, line 23: after that line insert:

AB133-ASA1-AA2,109,17 "(d) "Friends group" has the meaning given in s. 39.81 (5).".

AB133-ASA1-AA2,109,19 401. Page 510, line 1: delete the material beginning with that line and ending with page 511, line 6, and substitute:

AB133-ASA1-AA2,109,21 "38.125 (2) (a) The district board shall enter into an agreement with the broadcasting corporation that requires the district board to do each of the following:

AB133-ASA1-AA2,109,22 1. Allow the broadcasting corporation to operate each broadcasting station.

AB133-ASA1-AA2,110,3 2. Grant the broadcasting corporation operational control over any facility or asset of the district board that is necessary for the operation of each broadcasting station.

AB133-ASA1-AA2,110,5 3. Maintain the facilities and assets that are necessary for the operation of each broadcasting station.

AB133-ASA1-AA2,110,6 4. Retain the license for each broadcasting station.

AB133-ASA1-AA2,110,9 5. Provide assistance to the broadcasting corporation in developing and delivering elementary and secondary school educational programming at no cost to the broadcasting corporation.

AB133-ASA1-AA2,110,10 (b) An agreement under par. (a) shall satisfy each of the following:

AB133-ASA1-AA2,110,12 1. The agreement shall remain in effect until the maturity date of any public debt issued under s. 13.48 (31) (d).

AB133-ASA1-AA2,110,15 2. The agreement shall ensure that the district board has access to broadcasting facilities and air time that is equal to or greater than the access of the district board prior to the effective date of this subdivision .... [revisor inserts date].

AB133-ASA1-AA2,110,18 3. The agreement shall provide for transferring to the broadcasting corporation any funds raised by each friends group that is organized to raise funds for a broadcasting station for which the district board holds a license.

AB133-ASA1-AA2,110,20 (d) An agreement under par. (a) may not take effect without the approval of the secretary of administration.

AB133-ASA1-AA2,110,24 (e) This subsection does not apply unless the secretary of administration determines under s. 39.88 (1) that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.".

AB133-ASA1-AA2,111,1 402. Page 511, line 6: after that line insert:

AB133-ASA1-AA2,111,2 " Section 897dm. 38.125 (3) of the statutes is created to read:

AB133-ASA1-AA2,111,6 38.125 (3) At the request of the transitional board and at no charge to the transitional board, the district board shall direct Milwaukee Public Television to provide staff and legal, administrative and technical assistance for the transitional board to carry out the duties under s. 39.82.".