31.34 (1) Each Except as provided in subs. (2) and (3), each
corporation maintaining a dam on any navigable stream shall pass at all times at 24
least 25% 25 percent
of the natural low flow of water of such stream, except as
25otherwise provided by law. This section, however, shall.
1(3) The requirements under subs. (1) and (2) do
not apply to a any of the
plant or dam where the water is discharged directly into a lake, mill pond, 4
or cranberry marsh, nor shall it apply to cases where.
5(b) Cases in which,
in the opinion of the department such, the applicable 6
minimum discharge described in sub. (1) or (2)
is not necessary for the protection of 7
Any person, firm,
or corporation violating this section shall be fined not less 9
than $50 nor more than $1,000.
31.34 (2) of the statutes is created to read:
Except as provided in sub. (3), if all of the following apply to a dam 12
on a navigable stream, the person, firm, or corporation maintaining the dam shall 13
pass an amount of water not less than the lesser of the low flow of the stream over 14
the preceding 10-year period, as determined using the 7-day, 10-year 15
low-streamflow method, or the amount of water passed by groundwater seepage and 16
leakage through the dam structure:
(a) The dam is in a location where a dam was originally constructed prior to 18
1845 and regulates water discharge to a stream from a lake with a depth of over 125 19
(b) The precise level of the natural low flow of water at the location of the dam 21
prior to its construction is not known.
(c) Historically there have been extended periods during which water passed 23
through the dam only as groundwater seepage and as the result of leakage through 24
the dam structure.
31.34 (2m) of the statutes is created to read:
The department may not order a person, firm, or corporation 2
maintaining a dam described under sub. (2) (a) to (c) to pass an amount of water 3
greater than the minimum discharge described under sub. (2).
31.385 (7) of the statutes is amended to read:
Notwithstanding the limitations under sub. (2) (a), and beginning 6
with fiscal year 2011-12 and ending with fiscal year 2019-20, the department shall 7
set aside from the appropriation under s. 20.866 (2) (ta) not less more
than a total 8
of $6,000,000 that may be obligated only to provide financial assistance to counties 9
for 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 13
an order issued by the department to maintain, repair, modify, abandon, or remove 14
a dam that is owned by the county and the order must be in effect on July 1, 2011. 15
The amount of the financial assistance may not be for more than 25 percent of the 16
costs of a project or $2,500,000, whichever is less. Subsection (2) (c) does not apply 17
to a project for which financial assistance is provided under this subsection. A project 18
need 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.
32.01 (1) of the statutes is renumbered 32.01 (1r).
32.01 (1g) of the statutes is created to read:
"Business entity" has the meaning given in s. 13.62 (5).
32.02 (intro.) of the statutes is amended to read:
2432.02 Who may condemn; purposes.
(intro.) The following departments, 25
municipalities, boards, commissions, public officers,
and corporations business
may acquire by condemnation any real estate and personal property 2
appurtenant thereto or interest therein which they have power to acquire and hold 3
or transfer to the state, for the purposes specified, in case such property cannot be 4
acquired by gift or purchase at an agreed price:
32.02 (1) of the statutes is amended to read:
Any county, town, village, city, including villages and cities 7
incorporated under general or special acts, school district, the department of health 8
services, the department of corrections, the board of regents of the University of 9
Wisconsin System, the building commission, a commission created by contract under 10
s. 66.0301, with the approval of the municipality in which condemnation is proposed, 11
a commission created by contract under s. 66.0301 or
66.0303 that is acting under 12
s. 66.0304, if the condemnation occurs within the boundaries of a member of the 13
commission, or any public board or commission, for any lawful purpose, but in the 14
case of city and village boards or commissions approval of that action is required to 15
be granted by the governing body. A mosquito control commission, created under s. 16
59.70 (12), and a local professional football stadium district board, created under 17
subch. IV of ch. 229, may not acquire property by condemnation.
32.02 (13) of the statutes is amended to read:
Any corporation licensed business entity authorized
to do business 20
in Wisconsin that shall transmit oil or related products including all hydrocarbons 21
which are in a liquid form at the temperature and pressure under which they are 22
transported in pipelines in Wisconsin, and shall maintain terminal or product 23
delivery facilities in Wisconsin, and shall be engaged in interstate or international 24
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 2
"Condemnor", for the purposes of ss. 32.19 to 32.27, 5
means any municipality, board, commission, public officer,
or corporation business
vested with the power of eminent domain which acquires property for public 7
purposes either by negotiated purchase when authorized by statute to employ its 8
powers of eminent domain or by the power of eminent domain. "Condemnor" also 9
means a displacing agency. In this section, "displacing agency" means any state 10
agency, political subdivision of the state or person carrying out a program or project 11
with public financial assistance that causes a person to be a displaced person, as 12
defined in s. 32.19 (2) (e).
32.19 (3) (d) of the statutes is created to read:
(d) Federally financed projects.
Notwithstanding pars. (a) to (c), in 15
the case of a program or project receiving federal financial assistance, a condemnor 16
shall, in addition to any payment under pars. (a) to (c), make any additional payment 17
required to comply with the federal Uniform Relocation Assistance and Real 18
Property Acquisition Policies Act of 1970, 42 USC 4601
, and any regulations 19
32.19 (4) (d) of the statutes is created to read:
(d) Federally financed projects.
Notwithstanding pars. (a) to (c), in 22
the case of a program or project receiving federal financial assistance, a condemnor 23
shall, in addition to any payment under pars. (a) to (c), make any additional payment 24
required to comply with the federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 42 USC 4601
, and any regulations 2
432.29 False statements prohibited.
Any officer, agent,
or employee of a 5
governmental body or corporation business entity
granted condemnation power 6
under s. 32.02 (1) or (3) to (16) who intentionally makes or causes to be made a 7
statement which he or she knows to be false to any owner of property concerning the 8
condemnation of such property or to any displaced person concerning his or her 9
relocation benefits under s. 32.19, 32.20, 32.25,
or 32.26 or who fails to provide the 10
information 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.
35.001 (4) of the statutes is amended to read:
"State agencies" include includes
departments, boards, 14
commissions, 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
35.01 (3) of the statutes is amended to read:
Class 3 — All book printing required for state agencies, not otherwise 19
classified, except university press publications and technical or semitechnical
20journals of the University of Wisconsin System,
the Wisconsin Magazine of History, 21
and books of the historical society.
35.015 (1) of the statutes is repealed.
35.035 (4) of the statutes is amended to read:
In this section, "state agencies"
all departments as 25
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
2Regents of the University of Wisconsin System.
435.07 Proposed constitutional amendments.
No later than the August 1 5
preceding a general election, the legislative reference bureau shall publish on the 6
Internet in one or more electronic file formats each proposed constitutional 7
amendment that was approved for the first time by the legislature preceding the 8
election. Each such proposed constitutional amendment shall remain so published 9
on the Internet until the conclusion of the general election.
35.78 (5) of the statutes is amended to read:
In this section, "state agencies"
all departments as 12
defined in s. 16.002 (2), the legislature, the courts, and the legislative service and 13
judicial branch agencies. In this section, "state agencies" does not include the Board
14of Regents of the University of Wisconsin System.
35.81 (2) of the statutes is amended to read:
"State agency" has the meaning given for "agency" in s. 13.172 (1), and 17
for purposes of ss. 35.81 to 35.835 includes a committee, as defined in s. 15.01 (3), and 18
a 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)
35.835 (1) of the statutes is amended to read:
Except as specified in sub. (2), state documents published 23
exclusively for public sale by presses established by the University of Wisconsin
the state historical society and state documents sold primarily on a
subscription basis are exempt from the state document depository library 2
distribution requirements under s. 35.83.
36.05 (1) of the statutes is amended to read:
"Academic staff" means professional and administrative personnel 5
with duties, and subject to types of appointments, that are primarily associated with 6
higher education institutions or their administration, but does not include faculty
7and staff provided under s. 16.57
36.05 (6) of the statutes is renumbered 36.05 (15) and 9
amended to read:
36.05 (15) "Classified "
staff" means all employees of the system 11
other than faculty, academic staff, persons whose employment is a necessary part of 12
their training, student assistants,
and student hourly help.
(j) Except where such matters are a subject of bargaining with a 17
certified representative of a collective bargaining unit under s. 111.91, the board 18
shall establish salaries for persons prior to July 1 of each year for the next fiscal year, 19
and shall designate the effective dates for payment of the new salaries. In the first 20
year of the biennium, payments of the salaries established for the preceding year 21
shall be continued until the biennial budget bill is enacted. If the budget is enacted 22
after July 1, payments shall be made following enactment of the budget to satisfy the 23
obligations incurred on the effective dates, as designated by the board, for the new 24
salaries, 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
new appointments. The board may not increase the salaries of employees under this 2
paragraph unless the salary increase conforms to the proposal as approved under s. 3
230.12 (3) (e) or the board authorizes the salary increase to recognize merit,
to correct 4
salary inequities under par. (h), to fund job reclassifications or promotions, or to 5
recognize competitive factors. The granting of salary increases to recognize 6
competitive factors does not obligate inclusion of the annualized amount of the 7
increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. 8
No later than October 1 of each year, the board shall report to the joint committee 9
on 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 12
granted to recognize competitive factors, and the institutions at which they are 13
granted, for the 12-month period ending on the preceding June 30.
36.09 (2) (c) of the statutes is created to read:
(c) The president shall appoint a special assistant to the president to 16
serve as the director of the office of educational opportunity under s. 36.64. The 17
special assistant serves at the pleasure of the president.
36.09 (3) (a) of the statutes is amended to read:
(a) The chancellors shall be the executive heads of their respective 20
faculties and institutions and shall be vested with the responsibility of 21
administering board policies under the coordinating direction of the president and 22
be accountable and report to the president and the board on the operation and 23
administration of their institutions. Subject to board policy the chancellors of the 24
institutions in consultation with their faculties shall be responsible for designing 25
curricula and setting degree requirements; determining academic standards and
establishing grading systems; defining and administering institutional standards 2
for faculty peer evaluation and screening candidates for appointment, promotion 3
and tenure; recommending individual merit increases; administering associated 4
auxiliary services; and administering all funds, from whatever source, allocated, 5
or intended for use of their institutions
, including approving disposition
6of all student fees
36.09 (3m) of the statutes is created to read:
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 10
36.09 (4) of the statutes is amended to read:
36.09 (4) Faculty.
The faculty of each institution, subject to the responsibilities 13
and 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 16
shall have the primary responsibility for advising the chancellor regarding
and educational activities and faculty personnel matters. The faculty of each 18
institution shall have the right to determine their own faculty organizational 19
structure 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
36.09 (4m) of the statutes is amended to read:
36.09 (4m) Academic staff.
The academic staff members of each institution, 25
subject to the responsibilities and powers of the board, the president
faculty of the institution, shall be active participants in the
2immediate governance of and policy development for the institution. The academic
have the primary responsibility for advising the chancellor regarding 4
the formulation and review, and shall be represented in the development, of all 5
policies and procedures concerning academic staff members, including academic 6
staff personnel matters. The academic staff members of each institution shall have 7
the right to organize themselves in a manner they determine and to select their 8
representatives to participate in institutional governance.
36.09 (5) of the statutes is amended to read:
36.09 (5) Students.
The students of each institution or campus subject to the 11
responsibilities and powers of the board, the president, the chancellor
and the 12
faculty shall be active participants in the immediate governance of and policy
13development for such institutions. As such, students
shall have primary 14
responsibility for advising the chancellor regarding
the formulation and review of 15
policies concerning student life, services,
and interests. Students in consultation
16with the chancellor and subject to the final confirmation of the board
shall have the 17
responsibility for recommending
the disposition of those student fees which 18
constitute substantial support for campus student activities, subject to the approval
19of the chancellor and the final confirmation of the board
. The students of each 20
institution or campus shall have the right to organize themselves in a manner they 21
determine and to select their representatives to participate in institutional 22
36.11 (1) (b) of the statutes is amended to read:
(b) Except as provided in this paragraph and ss. 13.48 (14) (am) and 25
16.848 (1), the board may purchase, have custody of, hold, control, possess, lease,
grant easements and enjoy any lands, buildings, books, records and all other 2
property of any nature which may be necessary and required for the purposes, objects 3
and uses of the system authorized by law. Any lease by the board is subject to the 4
powers of the University of Wisconsin Hospitals and Clinics Authority under s. 5
233.03 (13) and the rights of the authority under any lease agreement, as defined in 6
s. 233.01 (6). The board shall not permit a facility that would be privately owned or 7
operated to be constructed on state-owned land without obtaining prior approval of 8
the 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 10
law, or any part thereof when in its judgment it is for the best interests of the system 11
and the state. All purchases of real property shall be subject to the approval of the 12
building 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
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 16
under 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
36.11 (3) (d) of the statutes is repealed and recreated to read:
(d) Each institution that has any of the following applicants shall 21
charge a uniform application fee to that group of applicants:
1. Undergraduate applicants.
2. Graduate school applicants.
3. Law school applicants.
4. Medical school applicants.
36.11 (5) (a) of the statutes is amended to read:
(a) The board may procure liability insurance covering the members 3
of the board, any officer, employee, or agent,
or such students whose activities may 4
constitute an obligation or responsibility of the system.
36.11 (5) (b) of the statutes is amended to read:
(b) The board may procure insurance to cover injuries sustained by 7
students 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 9
the risks to be covered by the insurance, the board may contract for the services of 10
a claims administrator and may obtain coverage by any combination of 11
self-insurance, excess or stop-loss insurance or blanket insurance.
36.11 (8e) of the statutes is amended to read:
36.11 (8e) Parking fees.
The board shall direct each institution within the 14
system to charge a parking fee for the parking of motor vehicles by students, faculty, 15
academic and classified university
and visitors at campus. The board shall 16
require the fee to be sufficient to recover the costs of the construction and 17
maintenance necessary for the parking facilities. Nothing in this paragraph shall 18
be deemed to require the recovery of the costs of land for parking facilities. Nothing 19
in this paragraph shall be deemed to require that all users of the parking facilities 20
be charged a parking fee. College campus facilities owned by a county are not 21
required to charge a parking fee.
36.11 (8m) of the statutes is repealed.
36.11 (11m) of the statutes is created to read:
36.11 (11m) Investment of certain moneys.
(a) The board may invest revenues 2
from its auxiliary enterprises, gifts, grants, donations, and segregated fees collected 3
for building projects by doing any of the following:
1. Directly employing a financial manager to oversee the investment of these 5
2. Contracting with the investment board to manage the investment of these 7
3. Selecting a private investment firm using the competitive sealed proposal 9
process described in s. 16.75 (2m).
(b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required 11
to deposit revenues from its auxiliary enterprises, gifts, grants, donations, and 12
segregated fees collected for building projects in the state investment fund if the 13
board invests these moneys as provided in par. (a).
36.11 (12) of the statutes is repealed.
36.11 (13) of the statutes is repealed.