Amendment ASA1-AB64

AB64-ASA1,582 Section 582 . 29.564 (2) of the statutes is amended to read:

AB64-ASA1,391,23 29.564 (2) All moneys collected under sub. (1), less the amount retained as authorized under sub. (1m), shall be deposited into the account under s. 20.370 (3) (is) (9) (ks).

AB64-ASA1,582g Section 582g. 29.888 (title) of the statutes is amended to read:

AB64-ASA1,391,25 29.888 (title) Wolf depredation program; wolf damage claims.

AB64-ASA1,582h Section 582h. 29.888 (5) of the statutes is created to read:

AB64-ASA1,392,4 29.888 (5) (a) From the sources described in par. (c), the department shall pay damage claims for damage caused by wolves during the period when the wolf is listed on the federal endangered list or on the state endangered list.

AB64-ASA1,392,7 (b) The department shall pay damage claims under par. (a) as soon as practicable after determining that the claim is eligible to be paid. The department may not make the payments under par. (a) on a prorated basis.

AB64-ASA1,392,17 (c) The department shall make the payments under par. (a) from available federal funds to the extent permitted by federal law. If the department determines that the amount available from federal funds is insufficient in a given fiscal year to make all of these payments, the department shall make the remainder of the payments from the appropriation accounts under s. 20.370 (1) (fb), (fe), and (fs). If the department determines that the amount available under s. 20.370 (1) (fb), (fe), and (fs) is insufficient in a given fiscal year to pay the claims under par. (a) that remain after federal funds are used, the department may request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

AB64-ASA1,582m Section 582m. 29.889 (4) (bn) of the statutes is amended to read:

AB64-ASA1,392,25 29.889 (4) (bn) Type of wildlife damage. In order to be eligible for wildlife damage abatement assistance, the type of wildlife damage to be abated shall be limited to damage to commercial seedings or crops growing on agricultural land, damage to crops that have been harvested for sale or further use but that have not been removed from the agricultural land, damage to orchard trees or nursery stock or, damage to apiaries or livestock , or damage to crops or grasses grown for use by a bird hunting preserve licensed under ch. 169.

AB64-ASA1,582p Section 582p. 29.889 (5) (bs) of the statutes is created to read:

AB64-ASA1,393,5 29.889 (5) (bs) Abatement authorized. Notwithstanding par. (bm), for damage caused by elk to crops or grasses grown for use by a bird hunting preserve licensed under ch. 169, a participating county may recommend fencing the affected property as a damage abatement measure.

AB64-ASA1,582r Section 582r. 29.89 (6) of the statutes is repealed.

AB64-ASA1,583 Section 583 . 29.984 (2) of the statutes is amended to read:

AB64-ASA1,393,10 29.984 (2) Use of commercial fish protection surcharge funds. All moneys collected from commercial fish protection surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB64-ASA1,584 Section 584 . 29.9905 (2) of the statutes is amended to read:

AB64-ASA1,393,14 29.9905 (2) Use of Great Lakes resource surcharge funds. All moneys collected from Great Lakes resource surcharges shall be credited to the appropriation under s. 20.370 (4) (1) (kr).

AB64-ASA1,584g Section 584g. 30.01 (1c) of the statutes is renumbered 30.01 (1c) (a) and amended to read:

AB64-ASA1,393,21 30.01 (1c) (a) “Boat shelter" means a structure in navigable waters with a roof but no walls and, except as provided in par. (b), no sides, designed and constructed for the purpose of providing cover for a berth place for watercraft , which has a roof but does not have walls or sides. Such a structure may include a device for lifting a boat.

AB64-ASA1,584j Section 584j. 30.01 (1c) (b) of the statutes is created to read:

AB64-ASA1,393,25 30.01 (1c) (b) “Boat shelter” includes a structure under par. (a) that has temporary sides made of flexible material with a minimum openness factor of 5 percent if all of the following conditions are met:

AB64-ASA1,394,2 1. The sides are placed and maintained by the owner or easement holder of adjacent riparian land or his or her agent.

AB64-ASA1,394,6 2. The boat is registered under subch. V or exempt from registration requirements under s. 30.51 and either has a wooden hull or is designated as a boat with significant historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.

AB64-ASA1,394,7 3. The sides are located entirely within the riparian owner's riparian zone.

AB64-ASA1,394,12 4. There are no more than 2 boat shelters for the first 100 feet of the riparian owner's shoreline footage and no more than one additional boat shelter for each additional 50 feet of the riparian owner's shoreline footage. For purposes of this subdivision, shoreline footage is measured along a straight line connecting points where property lines meet the ordinary high-water mark.

AB64-ASA1,394,13 5. The sides are placed no less than 36 inches above the water surface.

AB64-ASA1,394,15 6. The structure is no more than 24 feet in length, unless the boat that will be sheltered is longer than 24 feet from bow to stern.

AB64-ASA1,584m Section 584m. 30.01 (5r) of the statutes is created to read:

AB64-ASA1,394,20 30.01 (5r) “Riparian zone" means the area that extends from riparian land waterward to the line of navigation as determined by a method that establishes riparian zone lines between adjacent riparian owners in a manner that equitably apportions access to the line of navigation.

AB64-ASA1,584r Section 584r. 30.12 (1g) (jm) of the statutes is created to read:

AB64-ASA1,394,24 30.12 (1g) (jm) Riprap in an amount not to exceed 200 linear feet that is placed in a river or inland lake, or in an amount not to exceed 300 linear feet that is placed in a Great Lakes water body, and to which all of the following apply:

AB64-ASA1,395,2 1. The riprap is clean fieldstone or quarry stone with a diameter of no less than 6 inches and no greater than 48 inches.

AB64-ASA1,395,4 2. The toe of the riprap does not extend more than 8 feet waterward of the ordinary high-water mark.

AB64-ASA1,395,6 3. The final riprap slope is not steeper than one foot horizontal to 1.25 feet vertical.

AB64-ASA1,395,9 4. The riprap does not reach an elevation higher than 36 inches above the ordinary high-water mark or above the storm-wave height, as calculated using a method established by the department by rule, whichever is higher.

AB64-ASA1,395,12 5. No fill material or soil is placed in a wetland and, aside from riprap and, under subd. 7, gravel, no fill material or soil is placed below the ordinary high-water mark of any navigable waterway.

AB64-ASA1,395,13 6. The riprap follows the natural contour of the shoreline.

AB64-ASA1,395,14 7. Filter fabric or clean-washed gravel is used as a filter layer under the riprap.

AB64-ASA1,585 Section 585 . 30.52 (3m) (b) of the statutes is amended to read:

AB64-ASA1,395,18 30.52 (3m) (b) All moneys collected under par. (a), less the amount retained as authorized under par. (am), shall be deposited into the account under s. 20.370 (3) (is) (9) (ks).

AB64-ASA1,585g Section 585g. 32.015 of the statutes is created to read:

AB64-ASA1,395,23 32.015 Limitations. Property may not be acquired by condemnation to establish or extend a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB64-ASA1,585h Section 585h. 32.02 (1) of the statutes is amended to read:

AB64-ASA1,396,12 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.

AB64-ASA1,585i Section 585i. 32.02 (3) of the statutes is amended to read:

AB64-ASA1,396,18 32.02 (3) Any Subject to s. 32.03 (7), any railroad corporation, any grantee of a permit to construct a dam to develop hydroelectric energy for sale to the public, any Wisconsin plank or turnpike road corporation, any drainage corporation, any interstate bridge corporation, or any corporation formed under chapter 288, laws of 1899, for any public purpose authorized by its articles of incorporation.

AB64-ASA1,585k Section 585k. 32.03 (7) of the statutes is created to read:

AB64-ASA1,396,23 32.03 (7) A railroad corporation may not acquire by condemnation any property or property interest that exceeds a width of 100 feet unless law is enacted that includes the legislative findings that the acquisition serves the public interest and that authorizes the acquisition.

AB64-ASA1,585m Section 585m. 32.25 (4) of the statutes is created to read:

AB64-ASA1,397,8 32.25 (4) The department of administration may assess condemnors required to file relocation payment plans and relocation assistance service plans under sub. (1). The department of administration shall prescribe a methodology to determine the amount of the assessments such that the amount of an assessment reflects the approximate costs incurred by the department in connection with reviewing and approving the plans filed by the condemnor. Assessments under this subsection shall be paid to the department of administration and credited to the appropriation account under s. 20.505 (1) (kr).

AB64-ASA1,585n Section 585n. 32.28 (1) of the statutes is renumbered 32.28 (1) (intro.) and amended to read:

AB64-ASA1,397,11 32.28 (1) (intro.) In this section,“litigation:

AB64-ASA1,397,15 (b) “Litigation expenses" means the sum of the costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees necessary to prepare for or participate in actual or anticipated proceedings before the condemnation commissioners, board of assessment or any court under this chapter.

AB64-ASA1,585ng Section 585ng. 32.28 (1) (a) of the statutes is created to read:

AB64-ASA1,397,19 32.28 (1) (a) “Consumer price index” means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB64-ASA1,585nm Section 585nm. 32.28 (3) (d) of the statutes is amended to read:

AB64-ASA1,397,24 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 the amount specified in sub. (4) and at least 15 percent and neither party appeals the award to the circuit court;

AB64-ASA1,585nr Section 585nr. 32.28 (3) (e) of the statutes is amended to read:

AB64-ASA1,398,3 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 the amount specified in sub. (4) and at least 15 percent;

AB64-ASA1,585pg Section 585pg. 32.28 (3) (f) of the statutes is amended to read:

AB64-ASA1,398,10 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 the amount specified in sub. (4) and at least 15 percent, 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 and at least 15 percent;

AB64-ASA1,585pm Section 585pm. 32.28 (3) (g) of the statutes is amended to read:

AB64-ASA1,398,16 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 the amount specified in sub. (4) and at least 15 percent;

AB64-ASA1,585pr Section 585pr. 32.28 (3) (h) of the statutes is amended to read:

AB64-ASA1,398,23 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 percent, 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 the amount specified in sub. (4) and at least 15 percent; or

AB64-ASA1,585q Section 585q. 32.28 (3) (i) of the statutes is amended to read:

AB64-ASA1,399,3 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 the amount specified in sub. (4) and at least 15 percent greater than the award made by the city.

AB64-ASA1,585qm Section 585qm. 32.28 (4) of the statutes is created to read:

AB64-ASA1,399,6 32.28 (4) (a) The amount for the purposes of sub. (3) (d) to (i) shall be $2,700, adjusted as specified in par. (b).

AB64-ASA1,399,13 (b) Beginning on January 1, 2018, and annually on January 1 thereafter, the department of administration shall adjust the dollar amount specified in par. (a) by an amount equal to that dollar amount multiplied by the percentage change in the consumer price index for the prior year, rounded to the nearest dollar. The department shall publish the dollar amounts on its Internet site. Notwithstanding s. 227.10, the adjusted dollar amounts need not be promulgated as rules under ch. 227.

AB64-ASA1,585r Section 585r. 32.51 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,399,17 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I and subject to the limitations under s. 32.015, any city may condemn or otherwise acquire property under this subchapter for:

AB64-ASA1,586 Section 586 . 34.045 (title) of the statutes is repealed and recreated to read:

AB64-ASA1,399,19 34.045 (title) Secretary of administration.

AB64-ASA1,587 Section 587 . 34.045 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,399,22 34.045 (1) (intro.) The depository selection board secretary of administration or his or her designee shall:

AB64-ASA1,588 Section 588 . 34.045 (1) (bm) of the statutes is amended to read:

AB64-ASA1,400,2 34.045 (1) (bm) Direct the secretary of administration to maintain Maintain compensating balances, or direct the investment board to pay bank service costs as allocated by the secretary of administration under s. 25.19 (3) directly from the income account of the state investment fund, or by a combination of such methods.

AB64-ASA1,589 Section 589 . 34.045 (2) of the statutes is amended to read:

AB64-ASA1,400,8 34.045 (2) In the exercise of its authority, the depository selection board The secretary of administration or his or her designee shall require any state department or agency to submit to it him or her for prior review, elimination, consolidation, renegotiation, or confirmation any existing service contract or service proposed by the department or agency.

AB64-ASA1,590 Section 590 . 34.045 (3) of the statutes is amended to read:

AB64-ASA1,400,18 34.045 (3) The board secretary of administration or his or her designee may, for cause, disapprove any contract submitted to it under sub. (2) if it he or she finds the proposed contract to be in violation of the guidelines established under sub. (1), or to have been improperly negotiated or to be otherwise illegal. If the board secretary of administration or his or her designee fails to disapprove a proposed contract within 60 days after it is submitted by the department or agency, the contract shall be deemed approved. The board secretary of administration or his or her designee shall provide written justification for disapproving a contract proposed by a state agency or department. A disapproval is subject to judicial review under ch. 227.

AB64-ASA1,591 Section 591 . 34.045 (4) of the statutes is amended to read:

AB64-ASA1,400,22 34.045 (4) State agencies and departments shall provide the board secretary of administration or his or her designee with a written justification for any proposed contract award for service.

AB64-ASA1,594g Section 594g. 36.09 (1) (e) of the statutes is amended to read:

AB64-ASA1,401,10 36.09 (1) (e) The Subject to par. (em), 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 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 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.

AB64-ASA1,594r Section 594r. 36.09 (1) (em) of the statutes is created to read:

AB64-ASA1,401,17 36.09 (1) (em) Neither the board nor any institution may adopt any policy or promulgate any rule that requires the board to consider for appointment as president of the system, chancellor, or vice chancellor only those individuals who are faculty members of the system or another institution of higher education, who have been granted tenure within the system or another institution of higher education, or who hold the highest level of academic degree in a field of study or profession.

AB64-ASA1,600m Section 600m. 36.11 (6) (c) of the statutes is amended to read: