Amendment ASA1-AB40

AB40-ASA1, s. 939 Section 939. 32.26 (2) (a) of the statutes is amended to read:

AB40-ASA1,438,6 32.26 (2) (a) The department of commerce administration shall promulgate rules to implement and administer ss. 32.19 to 32.27.

AB40-ASA1, s. 940 Section 940. 32.26 (2) (b) of the statutes is amended to read:

AB40-ASA1,438,11 32.26 (2) (b) The department of commerce administration and the department of transportation shall establish interdepartmental liaison procedures for the purpose of cooperating and exchanging information to assist the department of commerce administration in promulgating rules under par. (a).

AB40-ASA1, s. 941 Section 941. 32.26 (3) of the statutes is amended to read:

AB40-ASA1,438,18 32.26 (3) The department of commerce administration may make investigations to determine if the condemnor is complying with ss. 32.19 to 32.27. The department may seek an order from the circuit court requiring a condemnor to comply with ss. 32.19 to 32.27 or to discontinue work on that part of the project which is not in substantial compliance with ss. 32.19 to 32.27. The court shall give hearings on these actions precedence on the court's calendar.

AB40-ASA1, s. 942 Section 942. 32.26 (4) of the statutes is amended to read:

AB40-ASA1,438,23 32.26 (4) Upon the request of the department of commerce administration, the attorney general shall aid and prosecute all necessary actions or proceedings for the enforcement of this subchapter and for the punishment of all violations of this subchapter.

AB40-ASA1, s. 943 Section 943. 32.26 (5) of the statutes is amended to read:

AB40-ASA1,439,13 32.26 (5) Any displaced person may, prior to commencing court action against the condemnor under s. 32.20, petition the department of commerce administration for review of his or her complaint, setting forth in the petition the reasons for his or her dissatisfaction. The department may conduct an informal review of the situation and attempt to negotiate an acceptable solution. If an acceptable solution cannot be negotiated within 90 days, the department shall notify all parties, and the petitioner may then proceed under s. 32.20. The informal review procedure provided by this subsection is not a condition precedent to the filing of a claim and commencement of legal action pursuant to s. 32.20. In supplying information required by s. 32.25 (2) (d), the condemnor shall clearly indicate to each displaced person his or her right to proceed under this paragraph and under s. 32.20, and shall supply full information on how the displaced person may contact the department of commerce administration.

AB40-ASA1, s. 944 Section 944. 32.26 (6) of the statutes is amended to read:

AB40-ASA1,439,22 32.26 (6) The department of commerce administration, with the cooperation of the attorney general, shall prepare pamphlets in simple language and in readable format describing the eminent domain laws of this state, including the reasons for condemnation, the procedures followed by condemnors, how citizens may influence the condemnation process and the rights of property owners and citizens affected by condemnation. The department shall make copies of the pamphlets available to all condemnors, who may be charged a price for the pamphlets sufficient to recover the costs of production.

AB40-ASA1, s. 945 Section 945. 32.26 (7) of the statutes is amended to read:

AB40-ASA1,440,3 32.26 (7) The department of commerce administration shall provide technical assistance on relocation plan development and implementation to any condemnor carrying out a project which may result in the displacement of any person.

AB40-ASA1, s. 945b Section 945b. 32.28 (3) (intro.) of the statutes is amended to read:

AB40-ASA1,440,6 32.28 (3) (intro.) In lieu of costs under ch. 814 and subject to sub. (4), litigation expenses shall be awarded to the condemnee if:

AB40-ASA1, s. 945e Section 945e. 32.28 (3) (d) of the statutes is amended to read:

AB40-ASA1,440,11 32.28 (3) (d) The award of the condemnation commission under s. 32.05 (9) or 32.06 (8) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15% and neither party appeals the award to the circuit court;

AB40-ASA1, s. 945h Section 945h. 32.28 (3) (e) of the statutes is amended to read:

AB40-ASA1,440,15 32.28 (3) (e) The jury verdict as approved by the court under s. 32.05 (11) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%;

AB40-ASA1, s. 945L Section 945L. 32.28 (3) (f) of the statutes is amended to read:

AB40-ASA1,440,21 32.28 (3) (f) The condemnee appeals an award of the condemnation commission which exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%, if the jury verdict as approved by the court under s. 32.05 (10) or 32.06 (10) exceeds the award of the condemnation commission by at least $700 $10,000 and at least 15%;

AB40-ASA1, s. 945o Section 945o. 32.28 (3) (g) of the statutes is amended to read:

AB40-ASA1,441,2 32.28 (3) (g) The condemnor appeals the award of the condemnation commission, if the jury verdict as approved by the court under s. 32.05 (10) or 32.06 (10) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%;

AB40-ASA1, s. 945r Section 945r. 32.28 (3) (h) of the statutes is amended to read:

AB40-ASA1,441,8 32.28 (3) (h) The condemnee appeals an award of the condemnation commission which does not exceed the jurisdictional offer or the highest written offer prior to the jurisdictional offer by 15%, if the jury verdict as approved by the court under s. 32.05 (10) or 32.06 (10) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%; or

AB40-ASA1, s. 945u Section 945u. 32.28 (3) (i) of the statutes is amended to read:

AB40-ASA1,441,12 32.28 (3) (i) The condemnee appeals an assessment of damages and benefits under s. 32.61 (3), if the judgment is at least $700 $10,000 and at least 15% greater than the award made by the city.

AB40-ASA1, s. 945y Section 945y. 32.28 (4) of the statutes is created to read:

AB40-ASA1,441,20 32.28 (4) (a) If a condemnee is awarded litigation expenses under sub. (3) (d), (e), (g), or (h), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the award of the condemnation commission or jury verdict and the jurisdictional offer or highest written offer prior to the jurisdictional offer, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.

AB40-ASA1,442,2 (b) If a condemnee is awarded litigation expenses under sub. (3) (f), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the jury verdict and the award of the condemnation commission, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.

AB40-ASA1, s. 947h Section 947h. 33.32 (3) (b) of the statutes is amended to read:

AB40-ASA1,442,9 33.32 (3) (b) If a county or municipality fails to pay a special assessment levied by a district, the clerk of the district may certify this fact to the department of administration, and shall state the amount due. The department, at the time of making the next scheduled distribution under s. 79.03 79.035, shall deduct the amount claimed from the payment due the county or municipality, and shall forward it to the district.

AB40-ASA1, s. 950 Section 950. 36.09 (1) (am) (intro.) of the statutes is amended to read:

AB40-ASA1,442,14 36.09 (1) (am) (intro.) The board, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program, as defined in s. 36.11 (29r) (a), administered by the board:

AB40-ASA1, s. 951b Section 951b. 36.09 (1) (e) of the statutes is amended to read:

AB40-ASA1,443,2 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 employees and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and s. 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) and s. 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 employees of the system.

AB40-ASA1, s. 951f Section 951f. 36.09 (1) (i) of the statutes is repealed.

AB40-ASA1, s. 951k Section 951k. 36.09 (1) (j) of the statutes is amended to read:

AB40-ASA1,444,9 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.

AB40-ASA1, s. 951o Section 951o. 36.09 (1) (k) of the statutes is repealed.

AB40-ASA1, s. 951s Section 951s. 36.11 (8) (b) of the statutes is amended to read:

AB40-ASA1,444,18 36.11 (8) (b) The board shall establish fines for the violation of any rule made under par. (a). The institutions are authorized to collect such fines together with moneys collected from the sale of parking permits and other fees established under par. (a) and such moneys shall be paid into the state treasury and credited to s. 20.285 (1) (h), to be used only for the purpose of developing and operating parking or other transportation facilities at the institution at which collected and for enforcing parking rules under par. (a).

AB40-ASA1, s. 951w Section 951w. 36.11 (11) of the statutes is amended to read:

AB40-ASA1,445,4 36.11 (11) Surplus money. The board may invest any of the surplus money designated in s. 20.285 (1) (h), 2009 stats., in such securities as are legal for trust fund investments; or invest such funds or any part thereof, in the senior or junior bonds or obligations which may be issued by such nonprofit-sharing corporation as may be contracted with by the board for the construction or equipment of dormitories, commons or field houses, which bonds or obligations shall be secured by a mortgage or pledge of the buildings or improvements erected or to be erected by such corporations and by a mortgage or pledge of its leasehold interest. Any interest on any of such bonds or securities shall when received be added to the revolving funds and may be used for the purposes set forth in this subsection.

AB40-ASA1, s. 951y Section 951y. 36.11 (29m) of the statutes is repealed.

AB40-ASA1, s. 959 Section 959. 36.11 (29r) (b) of the statutes is renumbered 36.11 (29r) (b) 2. and amended to read:

AB40-ASA1,445,15 36.11 (29r) (b) 2. Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs administered by the board. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The board shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40-ASA1, s. 960 Section 960. 36.11 (29r) (b) 1. of the statutes is created to read:

AB40-ASA1,445,18 36.11 (29r) (b) 1. The board shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40-ASA1, s. 970b Section 970b. 36.11 (49) (title) of the statutes is repealed.

AB40-ASA1, s. 970d Section 970d. 36.11 (49) of the statutes is renumbered 36.585 (2) and amended to read:

AB40-ASA1,446,2 36.585 (2) The board may use telecommunications services , including data and voice over Internet services, procured by the board only for the purpose of carrying out its mission. The board shall not offer, resell, or provide telecommunications services, including data and voice over Internet services directly or indirectly, that are available from a private telecommunications carrier to the general public or to any other public or private entity.

AB40-ASA1, s. 970f Section 970f. 36.11 (53) and (53m) of the statutes are created to read:

AB40-ASA1,446,22 36.11 (53) Bidding procedures; building projects. The board shall prescribe bidding procedures to be used by the system for building projects that are exempted from compliance with s. 16.855. Prior to the implementation of any such procedures or changes thereto, the board shall submit a copy of the proposed procedures or changes thereto in final form to the department of administration, for transmittal to the building commission. If the building commission does not approve the procedures or changes thereto, the board shall not implement the procedures or changes. If the building commission approves the proposed procedures or changes thereto, the department shall transmit the proposed procedures or changes thereto to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed procedures or changes thereto within 14 working days after the date of the department's submittal to the cochairpersons, the board may implement the proposed procedures or changes thereto if otherwise authorized to do so. If, within 14 working days after the date of the department's submittal, the cochairpersons notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed procedures or changes thereto, the board shall not implement the proposed procedures or changes without the approval of the committee.

AB40-ASA1,446,25 (53m) Designation of building projects. The board shall not designate any part of a state building project that is subject to approval under s. 13.48 (10) (a) as a separate building project.

AB40-ASA1, s. 970h Section 970h. 36.11 (56) of the statutes is created to read:

AB40-ASA1,447,4 36.11 (56) Travel policies. Effective July 1, 2013, the board shall establish travel policies for system employees and a schedule for the reimbursement of system employees for travel expenses.

AB40-ASA1, s. 970j Section 970j. 36.11 (57) of the statutes is created to read:

AB40-ASA1,447,8 36.11 (57) General purpose revenue block grants. The board shall allocate moneys appropriated to the board under s. 20.285 (1) (a) to the institutions, college campuses, and extension as block grants.

AB40-ASA1, s. 970L Section 970L. 36.115 of the statutes is created to read:

AB40-ASA1,447,11 36.115 Personnel systems. (1) In this section, "chancellor" means the chancellor of the University of Wisconsin-Madison.

AB40-ASA1,447,14 (2) The board shall develop a personnel system that is separate and distinct from the personnel system under ch. 230 for all system employees except system employees assigned to the University of Wisconsin-Madison.

AB40-ASA1,447,17 (3) In consultation with the board, the chancellor shall develop a personnel system that is separate and distinct from the personnel system under ch. 230 for all system employees assigned to the University of Wisconsin-Madison.

AB40-ASA1,447,18 (3m) The board shall set the salary ranges for all of the following positions:

AB40-ASA1,447,23 (ae) Each of the vice chancellors who is serving as deputy at the University of Wisconsin System campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior, and Whitewater and each of the vice chancellors who is serving as deputy at the University of Wisconsin Colleges and the University of Wisconsin-Extension.

AB40-ASA1,447,24 (am) The vice presidents of the University of Wisconsin System.

AB40-ASA1,448,4 (ar) The chancellors at the University of Wisconsin System campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior, and Whitewater and the chancellors of the University of Wisconsin Colleges and the University of Wisconsin-Extension.

AB40-ASA1,448,6 (b) The vice chancellor who is serving as deputy at the University of Wisconsin-Milwaukee.

AB40-ASA1,448,7 (bm) The senior vice presidents of the University of Wisconsin System.

AB40-ASA1,448,9 (c) The vice chancellor who is serving as deputy at the University of Wisconsin-Madison.

AB40-ASA1,448,10 (d) The chancellor at the University of Wisconsin-Milwaukee.

AB40-ASA1,448,11 (e) The chancellor at the University of Wisconsin-Madison.

AB40-ASA1,448,12 (f) The president of the University of Wisconsin System.

AB40-ASA1,448,18 (g) The associate and assistant vice presidents, vice chancellors not identified in pars. (ae), (b), or (c), assistant chancellors, associate and assistant vice chancellors, and administrative directors and associate directors of physical plant, general operations and services, and auxiliary enterprises activities or their equivalent, of each University of Wisconsin institution, the University of Wisconsin-Extension, and the University of Wisconsin System administration.

AB40-ASA1,448,22 (4) The personnel systems developed under subs. (2) and (3) shall include a civil service system, a grievance procedure that addresses employee terminations, and provisions that address employee discipline and workplace safety. The grievance procedure shall include all of the following elements:

AB40-ASA1,448,24 (a) A written document specifying the process that a grievant and an employer must follow.

AB40-ASA1,448,25 (b) A hearing before an impartial hearing officer.

AB40-ASA1,449,1 (c) An appeal process in which the highest level of appeal is the board.

AB40-ASA1,449,3 (5) (a) The personnel systems developed under subs. (2) and (3) shall be implemented on July 1, 2013.

AB40-ASA1,449,5 (b) The board may not implement the personnel system developed under sub. (2) unless it has been approved by the joint committee on employment relations.

AB40-ASA1,449,8 (c) The chancellor may not implement the personnel system developed under sub. (3) unless it has been approved by the board and the joint committee on employment relations.

AB40-ASA1,449,22 (6) All system employees holding positions in the classified or unclassified service of the civil service system under ch. 230 on June 30, 2013, shall be included in the personnel systems developed under subs. (2) and (3). System employees holding positions in the classified service on June 30, 2013, who have achieved permanent status in class on that date, shall retain, while serving in the positions in the system, those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay. Such employees shall also have reinstatement privileges to the classified service as provided under s. 230.31 (1). System employees holding positions in the classified service on June 30, 2013, who have not achieved permanent status in class on that date are eligible to receive the protections, privileges, and rights preserved under this subsection if they successfully complete service equivalent to the probationary period required in the classified service for the positions which they hold on that date.

AB40-ASA1, s. 970n Section 970n. 36.14 (3) of the statutes is repealed.

AB40-ASA1, s. 970p Section 970p. 36.15 (2) of the statutes is amended to read:

AB40-ASA1,450,5 36.15 (2) Appointments. Appointments under this section shall be made by the board, or by an appropriate official authorized by the board, under policies and procedures established by the board and subject to s. 36.09 (1) (i). The policies for indefinite appointments shall provide for a probationary period, permanent status and such other conditions of appointment as the board establishes.

AB40-ASA1, s. 970r Section 970r. 36.25 (3) (c) of the statutes is amended to read:

AB40-ASA1,450,16 36.25 (3) (c) The board shall, under the supervision of the dean of the College of Agricultural and Life Sciences of the University of Wisconsin-Madison, foster research and experimentation in the control of bovine brucellosis, which is also known as Bang's disease, at various points within this state that the board considers advisable. To facilitate the bovine brucellosis research and experimentation, contracts may be entered into with owners of bovine animals of various classes for the supervised control of the animals and for the purchase of animals under conditions to be specified in contracts that shall be retained for control purposes. Payment under the contracts shall be made out of the appropriation in s. 20.285 (1) (a).

AB40-ASA1, s. 970t Section 970t. 36.25 (13s) of the statutes is amended to read: