Amendment SSA1-SB21

SB21-SSA1,1061c Section 1061c. 30.123 (6) (e) of the statutes is repealed.

SB21-SSA1,1061d Section 1061d. 30.123 (6m) (intro.) of the statutes is amended to read:

SB21-SSA1,394,15 30.123 (6m) Permits in lieu of exemptions. (intro.) The department may decide to require that a person engaged in an activity that is exempt under sub. (6) (d) or (e) apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:

SB21-SSA1,1061f Section 1061f. 30.123 (6p) of the statutes is created to read:

SB21-SSA1,394,25 30.123 (6p) Costs. If the department requires a person who replaces a culvert to apply for an individual permit or seek authorization under a general permit under sub. (6m), notwithstanding the exemptions under sub. (6) (d), and if the department includes conditions in the individual permit or under the general permit that are different than the conditions in the permit issued for the culvert being replaced, the department may not impose a fee for the individual permit or for authorization under the general permit and shall reimburse that person, from the appropriation under s. 20.370 (8) (ma), for his or her reasonable costs incurred in complying with the different conditions in the permit.

SB21-SSA1,1061g Section 1061g. 30.123 (6r) (a) of the statutes is amended to read:

SB21-SSA1,395,5 30.123 (6r) (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (6) (d) or (e). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.

SB21-SSA1,1061h Section 1061h. 30.123 (7) (b) of the statutes is amended to read:

SB21-SSA1,395,9 30.123 (7) (b) Construct and maintain a culvert that replaces a culvert that is not exempt under sub. (6) (d) or (e) and that is in a navigable water that is less than 35 feet wide.

SB21-SSA1,1061i Section 1061i. 30.123 (9) of the statutes is created to read:

SB21-SSA1,395,14 30.123 (9) Records. A city, village, town, or county that replaces a culvert and that is exempt from the permitting requirements under sub. (6) shall make and retain a record of the replacement of the culvert. The record shall include all of the following information:

SB21-SSA1,395,15 (a) The date on which the replacement culvert was constructed or placed.

SB21-SSA1,395,16 (b) The dimensions of the replacement culvert.

SB21-SSA1,395,17 (c) The location of the replacement culvert.

SB21-SSA1,1064 Section 1064. 30.42 (1) (e) of the statutes is amended to read:

SB21-SSA1,395,21 30.42 (1) (e) For each county named in s. 15.445 (3) 15.345 (8) (b), assign a department employee whose office is in the county to serve as a liaison representative on issues concerning the riverway.

SB21-SSA1,1064m Section 1064m. 30.42 (4) of the statutes is created to read:

SB21-SSA1,395,25 30.42 (4) Notwithstanding s. 15.03, the department shall process and forward all personnel and biennial budget requests by the board without change except as requested or concurred in by the board.

SB21-SSA1,1065m Section 1065m. 30.92 (1) (b) of the statutes is amended to read:

SB21-SSA1,396,6 30.92 (1) (b) "Governmental unit" means the department, a municipality, a lake sanitary district, a public inland lake protection and rehabilitation district organized under ch. 33, the Milwaukee River revitalization council, the Lower Wisconsin State Riverway board, or any other local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

SB21-SSA1,1066g Section 1066g. 31.02 (4d) of the statutes is created to read:

SB21-SSA1,396,12 31.02 (4d) The department may not issue, amend, or revise an order under this section or under s. 182.71 (7) (b) with respect to a dam that, on June 1, 2015, met all of the following conditions unless the appropriate standing committee in each house of the legislature, as determined by each presiding officer, approves the order, amendment, or revision:

SB21-SSA1,396,14 (a) The dam regulated the water levels of one or more lakes located in Vilas County.

SB21-SSA1,396,16 (b) The dam was located in whole or in part in a city, village, or town with an equalized value exceeding $500,000,000.

SB21-SSA1,396,17 (c) The dam's impoundment area at normal pool elevation exceeded 4,000 acres.

SB21-SSA1,396,19 (d) The dam was continuously subject to a lake level order for a period of at least 40 years.

SB21-SSA1,1066j Section 1066j. 31.34 of the statutes is renumbered 31.34 (1) and amended to read:

SB21-SSA1,396,25 31.34 (1) Each Except as provided in subs. (2) and (3), each person, firm, or corporation maintaining a dam on any navigable stream shall pass at all times at least 25% 25 percent of the natural low flow of water of such stream, except as otherwise provided by law. This section, however, shall.

SB21-SSA1,397,2 (3) The requirements under subs. (1) and (2) do not apply to a any of the following:

SB21-SSA1,397,4 (a) A plant or dam where the water is discharged directly into a lake, mill pond, storage pond, or cranberry marsh, nor shall it apply to cases where.

SB21-SSA1,397,7 (b) Cases in which, in the opinion of the department such, the applicable minimum discharge described in sub. (1) or (2) is not necessary for the protection of fish life.

SB21-SSA1,397,9 (4) Any person, firm, or corporation violating this section shall be fined not less than $50 nor more than $1,000.

SB21-SSA1,1066r Section 1066r. 31.34 (2) of the statutes is created to read:

SB21-SSA1,397,16 31.34 (2) Except as provided in sub. (3), if all of the following apply to a dam on a navigable stream, the person, firm, or corporation maintaining the dam shall pass an amount of water not less than the lesser of the low flow of the stream over the preceding 10-year period, as determined using the 7-day, 10-year low-streamflow method, or the amount of water passed by groundwater seepage and leakage through the dam structure:

SB21-SSA1,397,19 (a) The dam is in a location where a dam was originally constructed prior to 1845 and regulates water discharge to a stream from a lake with a depth of over 125 feet.

SB21-SSA1,397,21 (b) The precise level of the natural low flow of water at the location of the dam prior to its construction is not known.

SB21-SSA1,397,24 (c) Historically there have been extended periods during which water passed through the dam only as groundwater seepage and as the result of leakage through the dam structure.

SB21-SSA1,1066t Section 1066t. 31.34 (2m) of the statutes is created to read:

SB21-SSA1,398,3 31.34 (2m) The department may not order a person, firm, or corporation maintaining a dam described under sub. (2) (a) to (c) to pass an amount of water greater than the minimum discharge described under sub. (2).

SB21-SSA1,1066u Section 1066u. 31.385 (7) of the statutes is amended to read:

SB21-SSA1,398,19 31.385 (7) Notwithstanding the limitations under sub. (2) (a), and beginning with fiscal year 2011-12 and ending with fiscal year 2019-20, the department shall set aside from the appropriation under s. 20.866 (2) (ta) not less more than a total of $6,000,000 that may be obligated only to provide financial assistance to counties for projects to maintain, repair, modify, abandon, or remove dams. For purposes of s. 23.0917, beginning with fiscal year 2015-16, the moneys provided under this subsection from s. 20.866 (2) (ta) shall be treated as moneys obligated under s. 23.0917 (5g) (c) 2. c. To be eligible for financial assistance, a county must be under an order issued by the department to maintain, repair, modify, abandon, or remove a dam that is owned by the county and the order must be in effect on July 1, 2011. The amount of the financial assistance may not be for more than 25 percent of the costs of a project or $2,500,000, whichever is less. Subsection (2) (c) does not apply to a project for which financial assistance is provided under this subsection. A project need not be included under the inventory maintained by the department under sub. (4) in order for a county to receive financial assistance under this subsection.

SB21-SSA1,1066v Section 1066v. 32.01 (1) of the statutes is renumbered 32.01 (1r).

SB21-SSA1,1066x Section 1066x. 32.01 (1g) of the statutes is created to read:

SB21-SSA1,398,22 32.01 (1g) "Business entity" has the meaning given in s. 13.62 (5).

SB21-SSA1,1066y Section 1066y. 32.02 (intro.) of the statutes is amended to read:

SB21-SSA1,399,4 32.02 Who may condemn; purposes. (intro.) The following departments, municipalities, boards, commissions, public officers, and corporations business entities may acquire by condemnation any real estate and personal property appurtenant thereto or interest therein which they have power to acquire and hold or transfer to the state, for the purposes specified, in case such property cannot be acquired by gift or purchase at an agreed price:

SB21-SSA1,1067b Section 1067b. 32.02 (1) of the statutes is amended to read:

SB21-SSA1,399,17 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health services, the department of corrections, the board of regents of the University of Wisconsin System, the building commission, a commission created by contract under s. 66.0301, with the approval of the municipality in which condemnation is proposed, a commission created by contract under s. 66.0301 or 66.0303 that is acting under s. 66.0304, if the condemnation occurs within the boundaries of a member of the commission, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.70 (12), and a local professional football stadium district board, created under subch. IV of ch. 229, may not acquire property by condemnation.

SB21-SSA1,1067g Section 1067g. 32.02 (13) of the statutes is amended to read:

SB21-SSA1,400,2 32.02 (13) Any corporation licensed business entity authorized to do business in Wisconsin that shall transmit oil or related products including all hydrocarbons which are in a liquid form at the temperature and pressure under which they are transported in pipelines in Wisconsin, and shall maintain terminal or product delivery facilities in Wisconsin, and shall be engaged in interstate or international commerce, subject to the approval of the public service commission upon a finding by it that the proposed real estate interests sought to be acquired are in the public interest.

SB21-SSA1,1067r Section 1067r. 32.185 of the statutes is amended to read:

SB21-SSA1,400,12 32.185 Condemnor. "Condemnor", for the purposes of ss. 32.19 to 32.27, means any municipality, board, commission, public officer, or corporation business entity vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized by statute to employ its powers of eminent domain or by the power of eminent domain. "Condemnor" also means a displacing agency. In this section, "displacing agency" means any state agency, political subdivision of the state or person carrying out a program or project with public financial assistance that causes a person to be a displaced person, as defined in s. 32.19 (2) (e).

SB21-SSA1,1073 Section 1073. 32.19 (3) (d) of the statutes is created to read:

SB21-SSA1,400,19 32.19 (3) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under pars. (a) to (c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations adopted thereunder.

SB21-SSA1,1076 Section 1076. 32.19 (4) (d) of the statutes is created to read:

SB21-SSA1,401,2 32.19 (4) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under pars. (a) to (c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations adopted thereunder.

SB21-SSA1,1092m Section 1092m. 32.29 of the statutes is amended to read:

SB21-SSA1,401,11 32.29 False statements prohibited. Any officer, agent, or employee of a governmental body or corporation business entity granted condemnation power under s. 32.02 (1) or (3) to (16) who intentionally makes or causes to be made a statement which he or she knows to be false to any owner of property concerning the condemnation of such property or to any displaced person concerning his or her relocation benefits under s. 32.19, 32.20, 32.25, or 32.26 or who fails to provide the information required under s. 32.26 (6) shall be fined not less than $50 nor more than $1,000, or imprisoned for not more than one year in the county jail or both.

SB21-SSA1,1102 Section 1102. 35.001 (4) of the statutes is amended to read:

SB21-SSA1,401,16 35.001 (4) "State agencies" include includes departments, boards, commissions, bureaus, and institutions and the University of Wisconsin System, except that "state agencies" does not include the Board of Regents of the University of Wisconsin System.

SB21-SSA1,1103 Section 1103. 35.01 (3) of the statutes is amended to read:

SB21-SSA1,401,21 35.01 (3) Class 3 — All book printing required for state agencies, not otherwise classified, except university press publications and technical or semitechnical journals of the University of Wisconsin System, the Wisconsin Magazine of History, and books of the historical society.

SB21-SSA1,1104 Section 1104. 35.015 (1) of the statutes is repealed.

SB21-SSA1,1104m Section 1104m. 35.035 (4) of the statutes is amended to read:

SB21-SSA1,402,2 35.035 (4) In this section, "state agencies" include includes all departments as defined in s. 16.002 (2), the legislature, the courts, and the legislative and judicial branch agencies. In this section, "state agencies" does not include the Board of Regents of the University of Wisconsin System.

SB21-SSA1,1104v Section 1104v. 35.07 of the statutes is created to read:

SB21-SSA1,402,9 35.07 Proposed constitutional amendments. No later than the August 1 preceding a general election, the legislative reference bureau shall publish on the Internet in one or more electronic file formats each proposed constitutional amendment that was approved for the first time by the legislature preceding the election. Each such proposed constitutional amendment shall remain so published on the Internet until the conclusion of the general election.

SB21-SSA1,1105e Section 1105e. 35.78 (5) of the statutes is amended to read:

SB21-SSA1,402,14 35.78 (5) In this section, "state agencies" include includes all departments as defined in s. 16.002 (2), the legislature, the courts, and the legislative service and judicial branch agencies. In this section, "state agencies" does not include the Board of Regents of the University of Wisconsin System.

SB21-SSA1,1105m Section 1105m. 35.81 (2) of the statutes is amended to read:

SB21-SSA1,402,20 35.81 (2) "State agency" has the meaning given for "agency" in s. 13.172 (1), and for purposes of ss. 35.81 to 35.835 includes a committee, as defined in s. 15.01 (3), and a committee established by executive order under s. 14.019, except that "state agency" does not include the Board of Regents of the University of Wisconsin System or an institution, as defined in s. 36.05 (9).

SB21-SSA1,1105s Section 1105s. 35.835 (1) of the statutes is amended to read:

SB21-SSA1,403,2 35.835 (1) Except as specified in sub. (2), state documents published exclusively for public sale by presses established by the University of Wisconsin System or the state historical society and state documents sold primarily on a subscription basis are exempt from the state document depository library distribution requirements under s. 35.83.

SB21-SSA1,1114 Section 1114. 36.05 (1) of the statutes is amended to read:

SB21-SSA1,403,7 36.05 (1) "Academic staff" means professional and administrative personnel with duties, and subject to types of appointments, that are primarily associated with higher education institutions or their administration, but does not include faculty and staff provided under s. 16.57.

SB21-SSA1,1118m Section 1118m. 36.05 (6) of the statutes is renumbered 36.05 (15) and amended to read:

SB21-SSA1,403,12 36.05 (15) "Classified " University staff" means all employees of the system other than faculty, academic staff, persons whose employment is a necessary part of their training, student assistants, and student hourly help.

SB21-SSA1,1124 Section 1124. 36.07 (3) of the statutes is repealed.

SB21-SSA1,1136 Section 1136. 36.09 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,404,13 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 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 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 recognize merit, to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. 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 administrator of the division of state employment relations personnel management in the department of administration 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.

SB21-SSA1,1138m Section 1138m. 36.09 (2) (c) of the statutes is created to read:

SB21-SSA1,404,17 36.09 (2) (c) The president shall appoint a special assistant to the president to serve as the director of the office of educational opportunity under s. 36.64. The special assistant serves at the pleasure of the president.

SB21-SSA1,1139g Section 1139g. 36.09 (3) (a) of the statutes is amended to read:

SB21-SSA1,405,6 36.09 (3) (a) The chancellors shall be the executive heads of their respective faculties and institutions and shall be vested with the responsibility of administering board policies under the coordinating direction of the president and be accountable and report to the president and the board on the operation and administration of their institutions. Subject to board policy the chancellors of the institutions in consultation with their faculties shall be responsible for designing curricula and setting degree requirements; determining academic standards and establishing grading systems; defining and administering institutional standards for faculty peer evaluation and screening candidates for appointment, promotion and tenure; recommending individual merit increases; administering associated auxiliary services; and administering all funds, from whatever source, allocated, generated, or intended for use of their institutions , including approving disposition of all student fees.

SB21-SSA1,1139r Section 1139r. 36.09 (3m) of the statutes is created to read:

SB21-SSA1,405,10 36.09 (3m) Meaning of "subject to" in certain provisions. In subs. (4) to (5), "subject to the responsibilities and powers" means subordinate to the responsibilities and powers.

SB21-SSA1,1140m Section 1140m. 36.09 (4) of the statutes is amended to read:

SB21-SSA1,405,22 36.09 (4) Faculty. The faculty of each institution, subject to the responsibilities and powers of the board, the president, and the chancellor of such institution, shall be vested with responsibility for the immediate governance of such institution and shall actively participate in institutional policy development. As such, the faculty shall have the primary responsibility for advising the chancellor regarding academic and educational activities and faculty personnel matters. The faculty of each institution shall have the right to determine their own faculty organizational structure and to select representatives to participate in institutional governance, except that the faculty of each institution shall ensure that faculty in academic disciplines related to science, technology, engineering, and mathematics are adequately represented in the faculty organizational structure.

SB21-SSA1,1141m Section 1141m. 36.09 (4m) of the statutes is amended to read: