AB68: Bill Text

AB68,616,4 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.

AB68,634 Section 634 . 29.607 (3) of the statutes is amended to read:

AB68,616,15 29.607 (3) License required; exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.024 (2g) and (2r), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term “immediate family" includes husband and wife spouses and minor children having their abode and domicile with the parent or legal guardian.

AB68,635 Section 635. 30.2065 (1) of the statutes is repealed.

AB68,636 Section 636. 30.2065 (1g) of the statutes is created to read:

AB68,617,7 30.2065 (1g) (a) The department shall issue a general permit that authorizes wetland, stream, and floodplain restoration and management activities that will result in a net improvement in hydrologic connections, conditions, and functions. These activities shall be designed to the extent possible to return wetland, stream, and floodplain hydrology to a natural and self-regulating condition in order to achieve such goals as to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. An activity is authorized by the general permit only if the applicant demonstrates to the satisfaction of the department that the activity will result in net improvements in hydrologic connections, conditions, and functions and will not injure public rights or interests or result in material injury to the rights of any riparian owner. The department may develop a quantification tool to determine if an activity will meet those standards. The department shall include conditions under the general permit that do all of the following:

AB68,617,14 1. Authorize hydrologic restoration activities in and adjacent to wetlands, streams, floodplains, and drainageways, including those that are no longer present but are restorable, for the purposes of reconnecting streams and floodplains, reestablishing healthy channel form and condition, removing or reducing wetland drainage, restoring or improving natural flow and movement of water or sediment, and reestablishing vegetation to support site stability and help manage flow and infiltration.

AB68,617,18 2. Authorize hydrologic restoration activities that alter the flow of water in, to, or from an area of special natural resource interest if the activities restore or repair surface or subsurface connections within the area of special natural resource interest or between the area of special natural resource interest and other waters of the state.

AB68,617,20 3. Specify that the general permit does not authorize any of the following activities:

AB68,617,21 a. Construction of artificial wetlands.

AB68,617,22 b. Construction of stormwater retention or detention ponds.

AB68,617,24 c. Construction of large dams, as defined under s. 31.19 (1m), or dams that pose a risk to life, health, or property.

AB68,618,2 d. Activities that straighten, berm, dredge, or armor stream channels, except when proposed as a necessary element of a larger hydrologic restoration plan.

AB68,618,4 e. Fish and wildlife habitat enhancement activities that are not associated with a larger hydrologic restoration plan.

AB68,618,8 (b) In addition to the conditions under par. (a), the department may include other conditions necessary to ensure that activities authorized by the general permit will not injure public rights or interests or result in material injury to the rights of any riparian owner.

AB68,618,11 (c) The department shall consider all of the following factors when it assesses whether a proposed activity will result in net improvements in hydrologic connections, conditions, and functions:

AB68,618,13 1. Minimal adverse impacts regulated under this chapter and ch. 281 may be allowed if those impacts are anticipated to be temporary.

AB68,618,15 2. Restoring natural and self-regulating hydrology may result in permanent but net-positive changes to biotic communities and abiotic conditions.

AB68,618,17 (d) In reviewing activities proposed to be conducted under a general permit issued under this subsection, the department may do any of the following:

AB68,618,18 1. Waive fees.

AB68,618,20 2. Establish a reporting-only notification process for activities funded in whole or in part by a state or federal agency.

AB68,618,21 3. Waive requirements for wetland delineations and functional assessments.

AB68,618,24 4. Adjust and simplify the application and information requirements to reflect the fact that voluntary hydrologic restoration projects differ from projects with potential adverse environmental impacts.

AB68,619,2 5. Waive requirements related to wetland mitigation for impacts incidental to more fully restoring wetland hydrology.

AB68,619,8 (e) The department shall notify, in writing, a person who has applied under s. 30.206 (3) (a) for authorization to proceed under a general permit issued under this subsection that the person is required to apply for an individual permit if the department determines that the proposed activity will not result in net improvements to hydrologic connections, condition, and functions. The department shall document in this notification its reasons for making this determination.

AB68,619,13 (f) A person wishing to proceed with an activity that may be authorized by a general permit under this subsection may request and shall be granted a preapplication meeting with the department prior to submitting an application under s. 30.206 (3) (a). The department shall attempt to coordinate this meeting with the local zoning authority in cases where local zoning regulations apply.

AB68,637 Section 637. 30.2065 (2) (title) of the statutes is repealed.

AB68,638 Section 638 . 30.2065 (2) (a) of the statutes is renumbered 30.2065 (1e) and amended to read:

AB68,619,18 30.2065 (1e) The department may issue a general permit to a person wishing to proceed with an a wetland restoration activity sponsored by a federal agency.

AB68,619,23 (1r) A permit issued under this subsection sub. (1e) or (1g) is in lieu of any permit or approval that would otherwise be required for that activity under this chapter or s. 31.02, 31.12, 31.33, 281.15, or 281.36, except that a general permit issued under sub. (1g) does not apply to wetland mitigation conducted as required under s. 281.36 (3n) (d).

AB68,639 Section 639 . 30.2065 (2) (b) of the statutes is renumbered 30.2065 (2m) and amended to read:

AB68,620,4 30.2065 (2m) A general permit issued under this subsection sub. (1e) or (1g) is valid for a period of 5 years except that an activity that the department determines is authorized by a general permit remains authorized under the permit until the activity is completed.

AB68,640 Section 640 . 30.2065 (2) (c) of the statutes is renumbered 30.2065 (3m), and 30.2065 (3m) (intro.), as renumbered, is amended to read:

AB68,620,12 30.2065 (3m) (intro.) To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit issued under sub. (1e) is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the a general permit issued under sub. (1e):

AB68,641 Section 641. 30.303 of the statutes is created to read:

AB68,620,16 30.303 Dam on Sheboygan River. From the appropriation under s. 20.370 (5) (fx), the department shall award a grant to Sheboygan County for the removal and reconstruction of a dam on the Sheboygan River at the Sheboygan Marsh.

AB68,642 Section 642. 30.52 (1m) (ar) of the statutes is amended to read:

AB68,621,2 30.52 (1m) (ar) Supplemental fees. In addition to the applicable fee under sub. (3), each when an agent appointed under par. (a) 3. who accepts an application to renew certification or registration documents in person , or the department accepts an application to renew registration documents through a statewide automated system, the agent or the department shall collect an issuing fee of 50 cents and a transaction fee of 50 cents each time the agent or the department issues renewal certification or registration documents or a renewal temporary operating receipt under par. (ag) 1. or 2. The agent or the department shall retain the entire amount of each issuance and transaction fee the agent or the department collects.

AB68,643 Section 643. 30.52 (3) (k) of the statutes is created to read:

AB68,621,5 30.52 (3) (k) Use of fees. All fees remitted to or collected by the department under par. (j) shall be credited to the appropriation account under s. 20.370 (9) (hu).

AB68,644 Section 644. 30.537 (4) (g) of the statutes is created to read:

AB68,621,8 30.537 (4) (g) All fees remitted to or collected by the department under pars. (a), (c), and (d) shall be credited to the appropriation account under s. 20.370 (9) (hu).

AB68,645 Section 645. 30.79 (5) of the statutes is amended to read:

AB68,622,2 30.79 (5) Payment of aids. On or before January 31 of the year following the year in which a local governmental unit operated a water safety patrol unit, it shall file with the department on the forms prescribed by it a detailed statement of the costs incurred by the local governmental unit in the operation of the water safety patrol unit during the past calendar year and of the receipts resulting from fines or forfeitures imposed upon persons convicted of violations of ordinances enacted under s. 30.77. The department shall audit the statement and determine the net costs that are directly attributable to the operation and maintenance of the water safety patrol unit, including a reasonable amount for depreciation of equipment. In calculating the net costs, the department shall deduct any fines or forfeitures imposed on persons convicted of violations of ordinances under s. 30.77 and any costs that do not comply with the rules promulgated under sub. (2m). The department shall compute the state aids on the basis of 75 80 percent of these net costs and shall cause the aids to be paid on or before April 1 of the year in which the statements are filed. If the state aids payable to local governmental units exceed the moneys available for such purpose, the department shall prorate the payments. No local governmental unit may receive state aid amounting to more than 20 percent of the funds available.

AB68,646 Section 646. 32.015 of the statutes is repealed.

AB68,647 Section 647. 32.51 (1) (intro.) of the statutes is amended to read:

AB68,622,7 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:

AB68,648 Section 648. 36.09 (1) (e) of the statutes is amended to read:

AB68,622,22 36.09 (1) (e) 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, sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k) shall ever be allowed or exercised in the appointment of the employees of the system.

AB68,649 Section 649. 36.09 (2) (c) of the statutes is repealed.

AB68,650 Section 650. 36.09 (3) (d) 3. of the statutes is created to read:

AB68,623,5 36.09 (3) (d) 3. Within 30 days after all contracts under s. 118.40 (2x) have terminated, the chancellor of the University of Wisconsin-Madison shall provide notice of this fact to the legislature in the manner provided under s. 13.172 (2), to the governor, and to the state superintendent of public instruction. All requirements and authority under this paragraph terminate after the chancellor provides this notice.

AB68,651 Section 651 . 36.11 (11m) (am) of the statutes is created to read:

AB68,623,10 36.11 (11m) (am) The Board of Regents may manage the investment of any revenues designated by the Board of Regents, including revenues specified in par. (a), by directing the investment board to invest these moneys according to investment policies established by the Board of Regents.

AB68,652 Section 652 . 36.11 (11m) (b) of the statutes is amended to read:

AB68,623,17 36.11 (11m) (b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues from gifts, grants, and donations in the state investment fund if the board invests these moneys as provided in par. (a). Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues designated under par. (am) in the state investment fund if the board directs the investment of these moneys as provided in par. (am) and s. 25.17 (2) (h).

AB68,653 Section 653. 36.11 (59) of the statutes is created to read:

AB68,623,20 36.11 (59) Extensions of credit providing short-term funding. (a) In this subsection:

AB68,623,22 1. “Athletics program” means a program for intercollegiate athletics that is all of the following:

AB68,623,23 a. A revenue-producing enterprise.

AB68,623,24 b. Operated or overseen by an institution's athletics department or office.

AB68,624,2 c. Subject to the bylaws and policies of the National Collegiate Athletic Association.

AB68,624,4 2. “Extension of credit” includes a loan or line of credit from a financial institution, liquidity facility, ancillary agreement, or any other credit arrangement.

AB68,624,5 3. “Master lease” has the meaning given in s. 16.76 (4) (a).

AB68,624,7 4. “Short-term” means a period not exceeding 5 years for repayment of any individual extension of credit.

AB68,624,13 (b) The board may, upon affirmative approval by the board at a public meeting, arrange and obtain extensions of credit, on terms approved by the board, to provide short-term funding for any expense associated with athletics or educational programs and related programs, except as provided in par. (e). Extensions of credit may also be used for refinancing or refunding if the repayment period for the original extension of credit does not exceed 5 years.

AB68,624,15 (c) 1. The board may pledge any of the following collateral as security for repayment of an extension of credit under par. (b):

AB68,624,17 a. Any revenues generated by the system, arising after the initial extension of credit is entered into, as a result of the operation of any athletics program.

AB68,624,18 b. Any guarantee, obligation, or revenues furnished by a 3rd party.

AB68,624,22 2. The board may not pledge the full faith and credit or taxing power of this state for repayment of an extension of credit under par. (b). The state shall not be generally liable for the repayment of any extension of credit or interest thereon, and extensions of credit shall not be a debt of the state for any purpose whatsoever.

AB68,625,2 3. An extension of credit under par. (b) may be repaid only from the appropriation under s. 20.285 (1) (h). Extensions of credit shall be repayable, together with any interest thereon, solely from the sources that the board may pledge as collateral under subd. 1. Any instruments evidencing extensions of credit shall contain on their face a statement to that effect.

AB68,625,6 4. A creditor that provides an extension of credit under this subsection has a security interest in the collateral specified in subd. 1. a. and pledged by the board for the benefit of the creditor. No filing, delivery, or other action is required to perfect the security interest.

AB68,625,8 (d) The board may execute any credit agreement, security agreement, or other agreement or instrument necessary to obtain an extension of credit under par. (b).

AB68,625,10 (e) Proceeds from an extension of credit under par. (b) may not be used to pay for any of the following:

AB68,625,13 1. Expenses associated with the acquisition, construction, improvement, or maintenance of buildings or other structures or facilities, including expenses associated with a project specified in s. 13.48 (10) (c) and including any debt service.

AB68,625,16 2. Expenses associated with a master lease under which the department of administration, prior to the effective date of this subdivision .... [LRB inserts date], agreed to pay the expense.

AB68,625,20 3. The creation of a new program, and its associated expenses, under which the board obtains property or services by entering into an agreement with a person other than the department of administration and this person makes or agrees to make periodic payments.

AB68,625,22 (f) All proceeds from an extension of credit under par. (b) shall be credited to the appropriation account under s. 20.285 (1) (h).

AB68,626,2 (g) The board may direct the secretary of administration to transfer, and the secretary shall so transfer, from the appropriation account under s. 20.285 (1) (gb) to the appropriation account under s. 20.285 (1) (h) any amount the board determines necessary for the repayment of any obligation arising under this subsection.

AB68,654 Section 654 . 36.115 (8) (c) of the statutes is created to read:

AB68,626,6 36.115 (8) (c) 1. In this paragraph, “state specialists” means state specialists who provide extension services in the field of applied agricultural research at any institution and who are faculty or instructional academic staff.

AB68,626,10 2. The plan under par. (a) shall recognize as teaching hours, to be included in reports to the system administration under par. (a) 1. and eligible for reward under par. (a) 2., time spent by state specialists teaching graduate students and teaching Wisconsin farmers.

AB68,655 Section 655 . 36.25 (16) of the statutes is created to read:

AB68,626,15 36.25 (16) Freshwater collaborative. From the appropriation under s. 20.285 (1) (ar), the board shall fund a freshwater collaborative and shall allocate funding to each institution for this purpose. Freshwater collaborative funding shall be used to do the following:

AB68,626,16 (a) Devise new watercentric training programs focused on undergraduates.

AB68,626,17 (b) Provide scholarships and student support to retain and attract new talent.

AB68,626,19 (c) Amplify marketing and recruiting relating to Wisconsin's role in freshwater science, including branding Wisconsin as the “Silicon Valley of Water."

AB68,626,20 (d) Enhance workforce development programming.

AB68,626,22 (e) Recruit new faculty and staff to advance training programs, research, and innovation.