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SB21-SSA1,396,62 30.92 (1) (b) "Governmental unit" means the department, a municipality, a lake
3sanitary district, a public inland lake protection and rehabilitation district organized
4under ch. 33, the Milwaukee River revitalization council, the Lower Wisconsin State
5Riverway board, or any other local governmental unit, as defined in s. 66.0131 (1) (a),
6that is established for the purpose of lake management.
SB21-SSA1,1066g 7Section 1066g. 31.02 (4d) of the statutes is created to read:
SB21-SSA1,396,128 31.02 (4d) The department may not issue, amend, or revise an order under this
9section or under s. 182.71 (7) (b) with respect to a dam that, on June 1, 2015, met all
10of the following conditions unless the appropriate standing committee in each house
11of the legislature, as determined by each presiding officer, approves the order,
12amendment, or revision:
SB21-SSA1,396,1413 (a) The dam regulated the water levels of one or more lakes located in Vilas
14County.
SB21-SSA1,396,1615 (b) The dam was located in whole or in part in a city, village, or town with an
16equalized value exceeding $500,000,000.
SB21-SSA1,396,1717 (c) The dam's impoundment area at normal pool elevation exceeded 4,000 acres.
SB21-SSA1,396,1918 (d) The dam was continuously subject to a lake level order for a period of at least
1940 years.
SB21-SSA1,1066j 20Section 1066j. 31.34 of the statutes is renumbered 31.34 (1) and amended to
21read:
SB21-SSA1,396,2522 31.34 (1) Each Except as provided in subs. (2) and (3), each person, firm, or
23corporation maintaining a dam on any navigable stream shall pass at all times at
24least 25% 25 percent of the natural low flow of water of such stream, except as
25otherwise provided by law. This section, however, shall
.
SB21-SSA1,397,2
1(3) The requirements under subs. (1) and (2) do not apply to a any of the
2following:
SB21-SSA1,397,4 3(a) A plant or dam where the water is discharged directly into a lake, mill pond,
4storage pond, or cranberry marsh, nor shall it apply to cases where.
SB21-SSA1,397,7 5(b) Cases in which, in the opinion of the department such, the applicable
6minimum discharge described in sub. (1) or (2) is not necessary for the protection of
7fish life.
SB21-SSA1,397,9 8(4) Any person, firm, or corporation violating this section shall be fined not less
9than $50 nor more than $1,000.
SB21-SSA1,1066r 10Section 1066r. 31.34 (2) of the statutes is created to read:
SB21-SSA1,397,1611 31.34 (2) Except as provided in sub. (3), if all of the following apply to a dam
12on a navigable stream, the person, firm, or corporation maintaining the dam shall
13pass an amount of water not less than the lesser of the low flow of the stream over
14the preceding 10-year period, as determined using the 7-day, 10-year
15low-streamflow method, or the amount of water passed by groundwater seepage and
16leakage through the dam structure:
SB21-SSA1,397,1917 (a) The dam is in a location where a dam was originally constructed prior to
181845 and regulates water discharge to a stream from a lake with a depth of over 125
19feet.
SB21-SSA1,397,2120 (b) The precise level of the natural low flow of water at the location of the dam
21prior to its construction is not known.
SB21-SSA1,397,2422 (c) Historically there have been extended periods during which water passed
23through the dam only as groundwater seepage and as the result of leakage through
24the dam structure.
SB21-SSA1,1066t 25Section 1066t. 31.34 (2m) of the statutes is created to read:
SB21-SSA1,398,3
131.34 (2m) The department may not order a person, firm, or corporation
2maintaining a dam described under sub. (2) (a) to (c) to pass an amount of water
3greater than the minimum discharge described under sub. (2).
SB21-SSA1,1066u 4Section 1066u. 31.385 (7) of the statutes is amended to read:
SB21-SSA1,398,195 31.385 (7) Notwithstanding the limitations under sub. (2) (a), and beginning
6with fiscal year 2011-12 and ending with fiscal year 2019-20, the department shall
7set aside from the appropriation under s. 20.866 (2) (ta) not less more than a total
8of $6,000,000 that may be obligated only to provide financial assistance to counties
9for projects to maintain, repair, modify, abandon, or remove dams. For purposes of
10s. 23.0917, beginning with fiscal year 2015-16, the moneys provided under this
11subsection from s. 20.866 (2) (ta) shall be treated as moneys obligated under s.
1223.0917 (5g) (c) 2. c.
To be eligible for financial assistance, a county must be under
13an order issued by the department to maintain, repair, modify, abandon, or remove
14a dam that is owned by the county and the order must be in effect on July 1, 2011.
15The amount of the financial assistance may not be for more than 25 percent of the
16costs of a project or $2,500,000, whichever is less. Subsection (2) (c) does not apply
17to a project for which financial assistance is provided under this subsection. A project
18need not be included under the inventory maintained by the department under sub.
19(4) in order for a county to receive financial assistance under this subsection.
SB21-SSA1,1066v 20Section 1066v. 32.01 (1) of the statutes is renumbered 32.01 (1r).
SB21-SSA1,1066x 21Section 1066x. 32.01 (1g) of the statutes is created to read:
SB21-SSA1,398,2222 32.01 (1g) "Business entity" has the meaning given in s. 13.62 (5).
SB21-SSA1,1066y 23Section 1066y. 32.02 (intro.) of the statutes is amended to read:
SB21-SSA1,399,4 2432.02 Who may condemn; purposes. (intro.) The following departments,
25municipalities, boards, commissions, public officers, and corporations business

1entities
may acquire by condemnation any real estate and personal property
2appurtenant thereto or interest therein which they have power to acquire and hold
3or transfer to the state, for the purposes specified, in case such property cannot be
4acquired by gift or purchase at an agreed price:
SB21-SSA1,1067b 5Section 1067b. 32.02 (1) of the statutes is amended to read:
SB21-SSA1,399,176 32.02 (1) Any county, town, village, city, including villages and cities
7incorporated under general or special acts, school district, the department of health
8services, the department of corrections, the board of regents of the University of
9Wisconsin System, the building commission, a commission created by contract under
10s. 66.0301, with the approval of the municipality in which condemnation is proposed,
11a commission created by contract under s. 66.0301 or 66.0303 that is acting under
12s. 66.0304, if the condemnation occurs within the boundaries of a member of the
13commission, or any public board or commission, for any lawful purpose, but in the
14case of city and village boards or commissions approval of that action is required to
15be granted by the governing body. A mosquito control commission, created under s.
1659.70 (12), and a local professional football stadium district board, created under
17subch. IV of ch. 229, may not acquire property by condemnation.
SB21-SSA1,1067g 18Section 1067g. 32.02 (13) of the statutes is amended to read:
SB21-SSA1,400,219 32.02 (13) Any corporation licensed business entity authorized to do business
20in Wisconsin that shall transmit oil or related products including all hydrocarbons
21which are in a liquid form at the temperature and pressure under which they are
22transported in pipelines in Wisconsin, and shall maintain terminal or product
23delivery facilities in Wisconsin, and shall be engaged in interstate or international
24commerce, subject to the approval of the public service commission upon a finding

1by it that the proposed real estate interests sought to be acquired are in the public
2interest.
SB21-SSA1,1067r 3Section 1067r. 32.185 of the statutes is amended to read:
SB21-SSA1,400,12 432.185 Condemnor. "Condemnor", for the purposes of ss. 32.19 to 32.27,
5means any municipality, board, commission, public officer, or corporation business
6entity
vested with the power of eminent domain which acquires property for public
7purposes either by negotiated purchase when authorized by statute to employ its
8powers of eminent domain or by the power of eminent domain. "Condemnor" also
9means a displacing agency. In this section, "displacing agency" means any state
10agency, political subdivision of the state or person carrying out a program or project
11with public financial assistance that causes a person to be a displaced person, as
12defined in s. 32.19 (2) (e).
SB21-SSA1,1073 13Section 1073. 32.19 (3) (d) of the statutes is created to read:
SB21-SSA1,400,1914 32.19 (3) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in
15the case of a program or project receiving federal financial assistance, a condemnor
16shall, in addition to any payment under pars. (a) to (c), make any additional payment
17required to comply with the federal Uniform Relocation Assistance and Real
18Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations
19adopted thereunder.
SB21-SSA1,1076 20Section 1076. 32.19 (4) (d) of the statutes is created to read:
SB21-SSA1,401,221 32.19 (4) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in
22the case of a program or project receiving federal financial assistance, a condemnor
23shall, in addition to any payment under pars. (a) to (c), make any additional payment
24required to comply with the federal Uniform Relocation Assistance and Real

1Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations
2adopted thereunder.
SB21-SSA1,1092m 3Section 1092m. 32.29 of the statutes is amended to read:
SB21-SSA1,401,11 432.29 False statements prohibited. Any officer, agent, or employee of a
5governmental body or corporation business entity granted condemnation power
6under s. 32.02 (1) or (3) to (16) who intentionally makes or causes to be made a
7statement which he or she knows to be false to any owner of property concerning the
8condemnation of such property or to any displaced person concerning his or her
9relocation benefits under s. 32.19, 32.20, 32.25, or 32.26 or who fails to provide the
10information required under s. 32.26 (6) shall be fined not less than $50 nor more than
11$1,000, or imprisoned for not more than one year in the county jail or both.
SB21-SSA1,1102 12Section 1102. 35.001 (4) of the statutes is amended to read:
SB21-SSA1,401,1613 35.001 (4) "State agencies" include includes departments, boards,
14commissions, bureaus, and institutions and the University of Wisconsin System,
15except that "state agencies" does not include the Board of Regents of the University
16of Wisconsin System
.
SB21-SSA1,1103 17Section 1103. 35.01 (3) of the statutes is amended to read:
SB21-SSA1,401,2118 35.01 (3) Class 3 — All book printing required for state agencies, not otherwise
19classified, except university press publications and technical or semitechnical
20journals of the University of Wisconsin System,
the Wisconsin Magazine of History,
21and books of the historical society.
SB21-SSA1,1104 22Section 1104. 35.015 (1) of the statutes is repealed.
SB21-SSA1,1104m 23Section 1104m. 35.035 (4) of the statutes is amended to read:
SB21-SSA1,402,224 35.035 (4) In this section, "state agencies" include includes all departments as
25defined in s. 16.002 (2), the legislature, the courts, and the legislative and judicial

1branch agencies. In this section, "state agencies" does not include the Board of
2Regents of the University of Wisconsin System.
SB21-SSA1,1104v 3Section 1104v. 35.07 of the statutes is created to read:
SB21-SSA1,402,9 435.07 Proposed constitutional amendments. No later than the August 1
5preceding a general election, the legislative reference bureau shall publish on the
6Internet in one or more electronic file formats each proposed constitutional
7amendment that was approved for the first time by the legislature preceding the
8election. Each such proposed constitutional amendment shall remain so published
9on the Internet until the conclusion of the general election.
SB21-SSA1,1105e 10Section 1105e. 35.78 (5) of the statutes is amended to read:
SB21-SSA1,402,1411 35.78 (5) In this section, "state agencies" include includes all departments as
12defined in s. 16.002 (2), the legislature, the courts, and the legislative service and
13judicial branch agencies. In this section, "state agencies" does not include the Board
14of Regents of the University of Wisconsin System.
SB21-SSA1,1105m 15Section 1105m. 35.81 (2) of the statutes is amended to read:
SB21-SSA1,402,2016 35.81 (2) "State agency" has the meaning given for "agency" in s. 13.172 (1), and
17for purposes of ss. 35.81 to 35.835 includes a committee, as defined in s. 15.01 (3), and
18a committee established by executive order under s. 14.019, except that "state
19agency" does not include the Board of Regents of the University of Wisconsin System
20or an institution, as defined in s. 36.05 (9)
.
SB21-SSA1,1105s 21Section 1105s. 35.835 (1) of the statutes is amended to read:
SB21-SSA1,403,222 35.835 (1) Except as specified in sub. (2), state documents published
23exclusively for public sale by presses established by the University of Wisconsin
24System or
the state historical society and state documents sold primarily on a

1subscription basis are exempt from the state document depository library
2distribution requirements under s. 35.83.
SB21-SSA1,1114 3Section 1114. 36.05 (1) of the statutes is amended to read:
SB21-SSA1,403,74 36.05 (1) "Academic staff" means professional and administrative personnel
5with duties, and subject to types of appointments, that are primarily associated with
6higher education institutions or their administration, but does not include faculty
7and staff provided under s. 16.57
.
SB21-SSA1,1118m 8Section 1118m. 36.05 (6) of the statutes is renumbered 36.05 (15) and
9amended to read:
SB21-SSA1,403,1210 36.05 (15) "Classified " University staff" means all employees of the system
11other than faculty, academic staff, persons whose employment is a necessary part of
12their training, student assistants, and student hourly help.
SB21-SSA1,1124 13Section 1124. 36.07 (3) of the statutes is repealed.
SB21-SSA1,1136 14Section 1136. 36.09 (1) (j) of the statutes, as affected by 2011 Wisconsin Act
1532
, is amended to read:
SB21-SSA1,404,1316 36.09 (1) (j) Except where such matters are a subject of bargaining with a
17certified representative of a collective bargaining unit under s. 111.91, the board
18shall establish salaries for persons prior to July 1 of each year for the next fiscal year,
19and shall designate the effective dates for payment of the new salaries. In the first
20year of the biennium, payments of the salaries established for the preceding year
21shall be continued until the biennial budget bill is enacted. If the budget is enacted
22after July 1, payments shall be made following enactment of the budget to satisfy the
23obligations incurred on the effective dates, as designated by the board, for the new
24salaries, subject only to the appropriation of funds by the legislature and s. 20.928
25(3). This paragraph does not limit the authority of the board to establish salaries for

1new appointments. The board may not increase the salaries of employees under this
2paragraph unless the salary increase conforms to the proposal as approved under s.
3230.12 (3) (e) or the board authorizes the salary increase to recognize merit, to correct
4salary inequities under par. (h), to fund job reclassifications or promotions, or to
5recognize competitive factors. The granting of salary increases to recognize
6competitive factors does not obligate inclusion of the annualized amount of the
7increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums.
8No later than October 1 of each year, the board shall report to the joint committee
9on finance and the secretary of administration and director of the office
10administrator of the division of state employment relations personnel management
11in the department of administration
concerning the amounts of any salary increases
12granted to recognize competitive factors, and the institutions at which they are
13granted, for the 12-month period ending on the preceding June 30.
SB21-SSA1,1138m 14Section 1138m. 36.09 (2) (c) of the statutes is created to read:
SB21-SSA1,404,1715 36.09 (2) (c) The president shall appoint a special assistant to the president to
16serve as the director of the office of educational opportunity under s. 36.64. The
17special assistant serves at the pleasure of the president.
SB21-SSA1,1139g 18Section 1139g. 36.09 (3) (a) of the statutes is amended to read:
SB21-SSA1,405,619 36.09 (3) (a) The chancellors shall be the executive heads of their respective
20faculties and institutions and shall be vested with the responsibility of
21administering board policies under the coordinating direction of the president and
22be accountable and report to the president and the board on the operation and
23administration of their institutions. Subject to board policy the chancellors of the
24institutions in consultation with their faculties shall be responsible for designing
25curricula and setting degree requirements; determining academic standards and

1establishing grading systems; defining and administering institutional standards
2for faculty peer evaluation and screening candidates for appointment, promotion
3and tenure; recommending individual merit increases; administering associated
4auxiliary services; and administering all funds, from whatever source, allocated,
5generated, or intended for use of their institutions , including approving disposition
6of all student fees
.
SB21-SSA1,1139r 7Section 1139r. 36.09 (3m) of the statutes is created to read:
SB21-SSA1,405,108 36.09 (3m) Meaning of "subject to" in certain provisions. In subs. (4) to (5),
9"subject to the responsibilities and powers" means subordinate to the responsibilities
10and powers.
SB21-SSA1,1140m 11Section 1140m. 36.09 (4) of the statutes is amended to read:
SB21-SSA1,405,2212 36.09 (4) Faculty. The faculty of each institution, subject to the responsibilities
13and powers of the board, the president, and the chancellor of such institution, shall
14be vested with responsibility for the immediate governance of such institution and
15shall actively participate in institutional policy development. As such, the faculty

16shall have the primary responsibility for advising the chancellor regarding academic
17and educational activities and faculty personnel matters. The faculty of each
18institution shall have the right to determine their own faculty organizational
19structure and to select representatives to participate in institutional governance,
20except that the faculty of each institution shall ensure that faculty in academic
21disciplines related to science, technology, engineering, and mathematics are
22adequately represented in the faculty organizational structure
.
SB21-SSA1,1141m 23Section 1141m. 36.09 (4m) of the statutes is amended to read:
SB21-SSA1,406,824 36.09 (4m) Academic staff. The academic staff members of each institution,
25subject to the responsibilities and powers of the board, the president and, the

1chancellor, and the faculty of the institution, shall be active participants in the
2immediate governance of and policy development for the institution. The academic
3staff members
have the primary responsibility for advising the chancellor regarding
4the formulation and review, and shall be represented in the development, of all
5policies and procedures concerning academic staff members, including academic
6staff personnel matters. The academic staff members of each institution shall have
7the right to organize themselves in a manner they determine and to select their
8representatives to participate in institutional governance.
SB21-SSA1,1142m 9Section 1142m. 36.09 (5) of the statutes is amended to read:
SB21-SSA1,406,2210 36.09 (5) Students. The students of each institution or campus subject to the
11responsibilities and powers of the board, the president, the chancellor , and the
12faculty shall be active participants in the immediate governance of and policy
13development for such institutions. As such, students
shall have primary
14responsibility for advising the chancellor regarding the formulation and review of
15policies concerning student life, services, and interests. Students in consultation
16with the chancellor and subject to the final confirmation of the board
shall have the
17responsibility for recommending the disposition of those student fees which
18constitute substantial support for campus student activities, subject to the approval
19of the chancellor and the final confirmation of the board
. The students of each
20institution or campus shall have the right to organize themselves in a manner they
21determine and to select their representatives to participate in institutional
22governance.
SB21-SSA1,1146m 23Section 1146m. 36.11 (1) (b) of the statutes is amended to read:
SB21-SSA1,407,1824 36.11 (1) (b) Except as provided in this paragraph and ss. 13.48 (14) (am) and
2516.848 (1), the board may purchase, have custody of, hold, control, possess, lease,

1grant easements and enjoy any lands, buildings, books, records and all other
2property of any nature which may be necessary and required for the purposes, objects
3and uses of the system authorized by law. Any lease by the board is subject to the
4powers of the University of Wisconsin Hospitals and Clinics Authority under s.
5233.03 (13) and the rights of the authority under any lease agreement, as defined in
6s. 233.01 (6). The board shall not permit a facility that would be privately owned or
7operated to be constructed on state-owned land without obtaining prior approval of
8the building commission under s. 13.48 (12). Subject to prior action under s. 13.48
9(14) (am) or 16.848 (1), the board may sell or dispose of such property as provided by
10law, or any part thereof when in its judgment it is for the best interests of the system
11and the state. All purchases of real property shall be subject to the approval of the
12building commission. The provision of all leases of real property to be occupied by
13the board for use other than for student housing shall be the responsibility of the
14board.
The provision of all leases of real property to be occupied by the board for use
15as student housing
shall be the responsibility of the department of administration
16under s. 16.84 (5), except for leases in effect on the effective date of this paragraph
17.... [LRB inserts date], regardless of any subsequent extension, modification, or
18renewal, which shall be the responsibility of the board
.
SB21-SSA1,1153m 19Section 1153m. 36.11 (3) (d) of the statutes is repealed and recreated to read:
SB21-SSA1,407,2120 36.11 (3) (d) Each institution that has any of the following applicants shall
21charge a uniform application fee to that group of applicants:
SB21-SSA1,407,2222 1. Undergraduate applicants.
SB21-SSA1,407,2323 2. Graduate school applicants.
SB21-SSA1,407,2424 3. Law school applicants.
SB21-SSA1,407,2525 4. Medical school applicants.
SB21-SSA1,1155
1Section 1155. 36.11 (5) (a) of the statutes is amended to read:
SB21-SSA1,408,42 36.11 (5) (a) The board may procure liability insurance covering the members
3of the board, any officer, employee, or agent, or such students whose activities may
4constitute an obligation or responsibility of the system.
SB21-SSA1,1156 5Section 1156. 36.11 (5) (b) of the statutes is amended to read:
SB21-SSA1,408,116 36.11 (5) (b) The board may procure insurance to cover injuries sustained by
7students as a result of their participation in intercollegiate athletics. The board may
8not use general purpose revenue to pay for such insurance.
With respect to any of
9the risks to be covered by the insurance, the board may contract for the services of
10a claims administrator and may obtain coverage by any combination of
11self-insurance, excess or stop-loss insurance or blanket insurance.
SB21-SSA1,1160m 12Section 1160m. 36.11 (8e) of the statutes is amended to read:
SB21-SSA1,408,2113 36.11 (8e) Parking fees. The board shall direct each institution within the
14system to charge a parking fee for the parking of motor vehicles by students, faculty,
15academic and classified university staff, and visitors at campus. The board shall
16require the fee to be sufficient to recover the costs of the construction and
17maintenance necessary for the parking facilities. Nothing in this paragraph shall
18be deemed to require the recovery of the costs of land for parking facilities. Nothing
19in this paragraph shall be deemed to require that all users of the parking facilities
20be charged a parking fee. College campus facilities owned by a county are not
21required to charge a parking fee.
SB21-SSA1,1161 22Section 1161. 36.11 (8m) of the statutes is repealed.
SB21-SSA1,1162g 23Section 1162g. 36.11 (11) of the statutes is repealed.
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