This bill directs the employment commission, as created by this bill, to study its procedures, recommend ways to streamline its operations and report its findings and recommendations to the secretary of administration by October 31, 1996. See also STATE GOVERNMENT, STATE EMPLOYMENT.
Under current law, various state agencies administer various state and federal employment and education programs. This bill consolidates oversight over those programs under the governor's council on workforce excellence which is created by the bill. The bill requires the council, consisting of the heads of the state agencies responsible for administering employment and education programs and representatives of the public school system, 4-year postsecondary educational institutions, technical college districts, community-based organizations that provide employment training, business and industry and organized labor, to:
1. Identify the workforce development needs of the state and recommend goals for meeting those needs and steps for meeting those goals.
2. Recommend a strategic plan for coordinating the provision of services and the allocation of funding and resources under the various state and federal employment and education programs.
3. Monitor the provision of those services and the allocation of that funding and those resources and evaluate the effectiveness of those programs in meeting the state's workforce development needs.
4. Recommend the seeking of waivers of federal laws, regulations or policies that impede the effectiveness or coordination of those employment and education programs.
5. Recommend occupations for the youth apprenticeship program and skill standards for the school-to-work program.
The bill further consolidates the state's employment and education programs by:
1. Directing the council to prepare, by January 15, 1996, a plan that terminates other state advisory bodies that are duplicative of the council or whose duties and responsibilities can be taken over by the council and a plan that reorganizes all substate boundaries for the local administration of employment and education programs so that those boundaries are contiguous with the technical college district boundaries.
2. Directing the department of industry, labor and human relations (DILHR) to prepare, by February 15, 1996, a plan that structures the new functions and personnel of DILHR, as affected by this bill.
3. Upgrading the office of workforce excellence in DILHR, which currently coordinates and implements DILHR's workforce excellence initiatives, to the division of workforce excellence and expanding the duties of that new division to include planning, coordinating, administering and implementing the youth apprenticeship program, under which young people receive classroom and on-the-job training in skilled trades, and the school-to-work program, under which young people receive training in the skills necessary to make the transition from school to work.
4. Terminating the youth apprenticeship council and assigning the duties of that council to the council on workforce excellence.
Currently, a school district is required to bargain collectively in good faith with the majority representative of its employes in a collective bargaining unit concerning the wages, hours and conditions of employment of the employes.
This bill provides that a school district is not required to bargain collectively concerning any decision to create a performance recognition plan or concerning the amount of any performance recognition award made under such a plan (see also EDUCATION, PRIMARY AND SECONDARY EDUCATION).
The bill also provides that a school district is prohibited from bargaining collectively with respect to reassignment of employes, with or without regard to seniority, resulting from the decision of the school board to contract with an individual or group to operate a school as a charter school, as authorized by the bill, or to convert a school to a charter school, or with respect to the impact of any such decision on the wages, hours or conditions of employment of the employes who perform services for the school district; and, in the Milwaukee Public Schools, the reassignment of employes, with or without regard to seniority, resulting from the decision of the school board to close or reopen a school, the decision of the school board to contract for the management or operation of a school, or the decision of the school board to contract with a nonprofit, private school or agency to provide educational programs, or the impact of any of these decisions on the wages, hours and conditions of employment of the employes in the school district.
Currently, subject to certain limitations, the employment relations commission decides which employes of a school district shall be included in the same collective bargaining unit with other employes of the school district, but the commission is directed to avoid fragmentation of units. This bill provides that, upon request of 30% of the professional employes of a school district who perform any services at a charter school, the commission must conduct an election for the purpose of permitting the employes to decide whether they wish to be represented in a separate collective bargaining unit from any unit that includes other employes of the school district. If a majority of the employes voting in the election decide to be represented in a separate unit, the commission must place the employes in such a unit (see also EDUCATION, PRIMARY AND SECONDARY EDUCATION).
Environment
Water quality
Under the clean water fund program, this state provides financial assistance to local governments for projects related to the control of water pollution, including sewage treatment plants. Under current law, the department of natural resources (DNR) and the department of administration (DOA) administer the clean water fund program. This bill increases the amount of general obligation bonds that the state may issue for the clean water fund program. The bill also establishes the present value of the subsidies for clean water fund assistance that may be provided in the 1995-97 biennium.
Under current law, the clean water fund program may not provide below market rate (subsidized) financing for the portion of a project that treats waste from industrial users. This bill eliminates that restriction.
Currently, the clean water fund program provides financial hardship assistance to certain communities to further reduce the costs of financing water pollution control projects. Generally, clean water fund program financial assistance is provided in the form of a below-market interest rate loan; however, hardship assistance may be provided in the form of a grant. Under this bill, clean water fund hardship assistance may only be provided in the form of a no-interest loan.
The bill also changes the eligibility criteria for clean water fund hardship assistance. Currently, eligibility for clean water fund hardship assistance is based on the level of wastewater treatment charges in a community compared to adjusted gross income and property values in the community, per capita adjusted gross income in the community compared to per capita adjusted gross income in this state and the average equalized value of a parcel of improved residential property in the community compared to the average equalized value of a parcel of improved residential property in this state. Under the bill, a municipality is eligible for clean water fund hardship assistance if both of the following apply:
1. The median household income in the municipality is 80% or less of the median household income in this state.
2. The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2.5% of the median household income in the municipality in the absence of hardship assistance.
The current eligibility criteria for hardship assistance continue to apply to municipalities that received hardship assistance for project planning and design during fiscal years 1991 to 1995 or whose construction projects appeared on the 1993, 1994 or 1995 hardship funding list.
Current law earmarks 18% of the total amount of subsidy available under the clean water fund program in a state fiscal biennium for hardship assistance, 74% of the total subsidy for ordinary clean water fund program projects and 8% for additional costs associated with approved clean water fund program projects. This bill eliminates the earmarking of clean water fund subsidy, but provides that during the 1995-97 biennium the total value of subsidies used to provide hardship assistance may not exceed $9,600,000.
In addition, the bill makes a number of changes in the process for obtaining financial assistance under the clean water fund program and transfers some clean water fund program administrative responsibilities from DNR to DOA. Under current law, the clean water fund program has an annual funding cycle. Under this bill, funding decisions are made on a continuing basis. Under current law, if there is insufficient funding for all eligible projects during a fiscal year, funding is distributed using a priority ranking established by DNR. Under this bill, funding is distributed in the order in which projects are ready to be constructed. If no funding is available for a project when it is ready to be constructed, DOA places the project on a list to be funded when funding is available.
Current law requires DNR and DOA jointly to prepare 3 versions of a biennial finance plan for the clean water fund program. Under this bill, DNR and DOA prepare amendments to the biennial finance plan to reflect the biennial budget bill and the biennial budget act, rather than new versions of the plan. The bill also eliminates requirements that the biennial finance plan include certain information. The bill requires the biennial finance plan to include audited financial statements of the clean water fund program.
Under current law, DNR is required to complete plans to implement the nonpoint source water pollution abatement program (which provides financial assistance for measures to reduce water pollution from diffuse sources) in priority watersheds (those watersheds in which the need for nonpoint source pollution abatement is most critical) by December 31, 2000. This bill changes the date by which the plans must be completed to December 31, 2015.
This bill reduces the amount of general obligation bonding that may be incurred for the nonpoint source program by $4,000,000. The bill increases the amount of general obligation bonding that may be incurred for environmental cleanups in or adjacent to the Great Lakes by $4,000,000.
Current law prohibits the building commission from incurring over $15,500,000 in general obligation bonding for the nonpoint source program without the approval of the secretary of administration and the joint committee on finance. This bill eliminates that prohibition.
Under current law, DNR provides lake management planning grants to provide information on the quality of water in lakes and to aid in the selection of projects to improve water quality. This bill adds nonprofit conservation organizations as eligible recipients of lake management planning grants.
Under current law, DNR provides lake management grants to improve or protect the quality of water in lakes. This bill eliminates the current $100,000 maximum amount for a lake management grant.
Air quality
Under current law, the operators of certain stationary sources of air pollution are required to obtain air pollution control permits from DNR. This bill expands some of the provisions relating to air pollution control permits that currently apply only to existing sources (those on which construction began on or before November 15, 1992, and that have not been modified since that date) so that the provisions also apply to new and modified sources (those on which construction or modification began after November 15, 1992). One of these provisions authorizes DNR, under specified circumstances, to issue an operation permit for a source of air pollution that will not be able to comply with the terms of the permit at the time that the permit is issued.
The bill also authorizes DNR to deny an application for renewal of an operation permit for a stationary source that is in violation of its current operation permit.
In addition, the bill authorizes a person who owns a new or modified source for which the person received an air pollution permit under former law, before November 15, 1992, to continue to operate the new or modified source under that permit but requires the person to apply for an operation permit under current law no later than March 1, 1996.
DNR awards grants to the owners of gasoline stations to pay for a portion of the costs of installing equipment to recover vapors that are released when gasoline is pumped into a motor vehicle. The grants are available only for stations located in an area of this state where federal standards for ozone pollution are exceeded. Under current law, DNR may not make vapor recovery grants after June 30, 1995, or the day after publication of the 1995-97 budget act, whichever is later. This bill allows DNR to make vapor recovery grants until December 31, 1995. This bill also expands the vapor recovery grant program so that gasoline dispensing facilities that are not retail gasoline stations but that are located in ozone nonattainment areas and are required to install vapor recovery systems are eligible for grants.
Solid and hazardous waste; environmental cleanup
This bill eliminates the radioactive waste review board, the radioactive waste policy council and the radioactive waste technical council. The bill transfers the responsibilities of the radioactive waste review board, which concern proposals related to the long-term disposal of highly radioactive waste, to the public service commission, except that the bill eliminates a requirement to provide educational programs concerning highly radioactive waste.
Under the current hazardous substance spills law, administered by DNR, a person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance is required to inform DNR of the discharge and to take the actions necessary to restore the environment to the extent practicable. DNR may issue an order requiring a person to fulfill the duty to restore the environment. If a person required to remedy the environmental damage caused by a hazardous substance discharge is not fulfilling that duty or if the identity of the person is unknown, DNR may dispose of the substance or take other emergency action that DNR considers appropriate.
Currently, under the petroleum storage remedial action program (commonly called PECFA), the department of industry, labor and human relations (DILHR) pays a portion of the costs incurred by the owners or operators of certain petroleum storage tanks to remedy environmental damage caused by discharges from those storage tanks. A claimant is not eligible for a PECFA award unless DNR determines that the activities performed to restore the environment satisfy the requirements of the hazardous substance spills law. DNR also reviews site investigations and clean-up plans under the PECFA program.
Under this bill, beginning on July 1, 1996, the department of commerce (formerly the department of development) is required to administer a program under which owners and operators of certain storage tanks and certain other persons (called responsible persons) investigate discharges from those tanks and take the actions necessary to restore the environment to the extent practicable. The storage tanks covered by the program (called regulated storage tanks) are petroleum product storage tanks that are covered by PECFA plus underground storage tanks that contain hazardous substances and that are required under federal law to be regulated by the federal environmental protection agency or by a state. Under the bill, the department of commerce may issue an order requiring a responsible person to remedy the environmental damage caused by a discharge from a regulated storage tank. The bill requires DNR to inform the department of commerce whenever a person reports a discharge from a regulated storage tank. The bill also places some restrictions on DNR's authority under the hazardous substance spills law to order cleanups of discharges from regulated storage tanks and to conduct those cleanups.
Also under the bill, the department of commerce administers the PECFA program starting on July 1, 1996. The bill gives to the department of commerce the PECFA responsibilities currently performed by DILHR and by DNR.
This bill requires DNR to promulgate a rule that establishes an alternative to immediate reporting under the hazardous substances spills law, or an exemption from reporting, for discharges of less than a specified amount of a hazardous substance for which a minimum reporting amount has been established under the federal comprehensive environmental response, compensation and liability act (superfund act) or under the federal emergency planning and community right-to-know act. In the rule, DNR may not specify an amount of one of these hazardous substances that is less than the minimum reporting amount specified under federal law. The bill authorizes DNR to promulgate a rule that establishes an alternative to immediate reporting, or an exemption from reporting, for discharges of less than a specified amount of a hazardous substance for which a federal minimum reporting amount has not been established.
Under the bill, before DNR promulgates its rule concerning a hazardous substance for which a federal minimum reporting amount has been established, a person is not required to report to DNR a discharge of that hazardous substance if the amount of the discharge is less than the federal minimum reporting amount.
Under current law, the recycling market development board provides financial and other assistance to improve the marketing of, and to develop markets for, certain materials recovered from solid waste. The board consists of the secretaries of natural resources and development and 9 members appointed by the governor. Under current law, the board is attached to DOA. Under this bill, the board is attached to the department of development (DOD), effective on July 1, 1996. The bill also reduces the size of the recycling market development board by 4 appointees. The bill terminates the membership of the 9 current members appointed by the governor, allowing the governor to appoint 5 new members. The bill also eliminates the position of executive director of the board.
Under current law, the board provides assistance for materials that are recovered by recycling programs operated by local governmental units and that are required to be recycled under this state's recycling law. This bill requires the board to annually establish a list of materials recovered from solid waste that are eligible for assistance from the board. The list must include the materials that are required to be recycled under this state's recycling law.
Under this state's recycling law, persons are generally prohibited from disposing of specified discarded materials in landfills and from incinerating specified discarded materials. These prohibitions do not apply to discarded materials from an area that has an effective recycling program. If the area is in another state, the state must also have an approved landfill siting program.
In order to be an effective recycling program, a recycling program must require persons in the area to separate the specified materials from their solid waste or send their solid waste to a facility that separates the materials from solid waste, but DNR may grant a one-year variance from that requirement with respect to a specified material in the event of an emergency or if the cost of selling the material exceeds specified amounts.
Current law also authorizes DNR to grant an exception from the disposal and incineration prohibitions for a specified material to a local governmental unit that operates a recycling program in the event of an emergency. An exception may be for up to one year.
This bill requires DNR to review markets for the discarded materials to which the landfill and incineration prohibitions apply, beneficial uses for those materials and technologies for managing those materials in solid waste. If DNR finds that a prohibition with respect to a specific material is not feasible or practical and that the prohibition is not needed to achieve the goals of this state's solid waste management policy, DNR may do one of the following:
1. Promulgate a rule specifying conditions under which the material may be disposed of in a landfill or incinerated.
2. Exempt specified persons from the landfill or incineration prohibition with respect to the material.
3. Authorize, for up to one year, the material to be disposed of in a landfill or incinerated.
The bill also authorizes DNR to grant a variance so that an effective recycling program need not require persons to separate a specified material from solid waste if DNR takes one of the actions in items 1 to 3, above, with respect to the material.
The authority granted to DNR concerning exemptions from the landfill and incineration prohibitions and variances for effective recycling programs replaces the authority granted DNR under current law to grant exemptions and variances in emergencies.
Under current law, DNR determines whether recycling programs are effective and whether to approve other states' landfill siting programs. Under current law, DNR may approve an out-of-state recycling program only by formal rule-making procedures.
A federal district court has held that the procedural requirements (for escaping the disposal and incineration prohibitions) imposed on out-of-state municipalities, beyond those requirements placed on municipalities located within this state, discriminates against out-of-state interests in violation of the commerce clause of the U.S. Constitution. National Solid Wastes Management Assoc. v. Meyer, No. 94-C-0603-S (W.D. Wis. Dec. 15, 1994), petition for cert. filed.
Under this bill, an out-of-state municipality is not required to obtain DNR approval of its state's landfill siting program before disposing of or incinerating specified recyclable materials in this state. Under the bill, DNR is not required to undertake formal rule-making procedures to determine that an out-of-state municipality has an effective recycling program.
Current law generally prohibits the burning of yard waste without energy recovery in a solid waste facility in this state. Current law authorizes DNR to grant waivers to the prohibition on burning yard waste to allow the burning of brush or other clean woody vegetative material no greater than 6 inches in diameter at wood burning facilities licensed by DNR.
This bill provides that the prohibition on burning yard waste without energy recovery does not apply to the burning of brush or other clean woody vegetative material no greater than 6 inches in diameter at a wood burning facility that is licensed or permitted by DNR.
Under current law, the council on recycling advises various state agencies, the packaging industry, state and local authorities and others to promote the efficient and prompt implementation of state programs related to solid waste reduction, recovery and recycling. This bill abolishes the council on recycling and transfers the functions of the council on recycling to the recycling market development board.
This bill authorizes DNR to seek funds from any source for the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort by DNR and the person providing the funds to remedy the environmental contamination.
Currently, with certain exceptions, no elective state official, candidate for state office, legislative employe or official of a state agency who participates in the rule-making process may solicit anything of pecuniary value from a lobbyist or principal. This bill provides that this prohibition does not apply to the solicitation by an agency official of DNR of funds to pay the costs of remedying environmental contamination.
Under current law, the low -- level radioactive waste council ceases to exist after July 1, 1996. This bill extends the existence of the low -- level radioactive waste council to June 30, 2002.
Other environment
Under current law, the attorney general must designate an assistant attorney general as the public intervenor. The public intervenor is generally authorized to formally initiate actions and intervene in all proceedings before any state agency or any court where the intervention is needed for the protection of public rights in water and other natural resources. In addition, under current law, the attorney general must appoint a public intervenor advisory committee. This bill eliminates the public intervenor position and eliminates the requirement that the attorney general appoint a public intervenor advisory committee.
Under the current hazardous pollution prevention assessment grant program, DOD, in consultation with the hazardous pollution prevention program in the University of Wisconsin-Extension (UW-Extension), awards grants to applicants for the purpose of having an assessment conducted to determine the full costs of using and producing hazardous substances, toxic pollutants and hazardous waste; to identify processes that use or produce such substances, pollutants or waste; and to identify options for the prevention of hazardous pollution. Also under current law, the hazardous pollution prevention board, which is attached to DOD, has a number of responsibilities related to hazardous pollution prevention.
This bill eliminates the board and replaces it with a hazardous pollution prevention council in DOD. The bill eliminates DOD's hazardous pollution prevention assessment grant program and, in its place, DOD is authorized to contract with the board of regents of the UW System for business assessment services from the UW-Extension solid and hazardous waste education center for the same purposes as those for which assessments were conducted under the grant program. In addition to authorizing DOD to contract for business assessments, the bill requires DOD, in coordination with DNR, the UW-Extension and the hazardous pollution prevention council, to conduct an education, environmental management and technical assistance program to promote the prevention of hazardous pollution among businesses in the state.
This bill creates an environmental science council in DOA, consisting of 9 members, appointed by the governor, who have expertise in the engineering sciences, economic sciences, biological sciences, physical sciences, human medical sciences or statistical or risk assessment sciences. The council, upon the request of the governor or the secretary of administration, is required to advise the governor or the secretary on: issues affecting the protection and management of the environment and natural resources in this state; proposed rules that establish environmental or natural resources standards or other criteria; the scientific and technical adequacy of environmental programs, methodologies, protocols and tests; scientific standards or other criteria for protection of human health and the environment; the quality of state agency environmental plans or programs of research, development and demonstration; and the importance of natural and anthropogenic sources of pollution. Also, the council, upon the request of the governor or the secretary of administration, is required to consult with state agencies on any environmental matter.
Currently, the recycling fund is used to finance programs and activities relating to recycling, including grants to assist local governmental units to pay for their recycling programs. This bill transfers $25,000,000 from the recycling fund to the general fund.
Gambling
Under current law, the state levies a 2% tax on the total amount wagered on dog races on a given race if the total amount wagered on all previous days during the year is not more than $25,000,000; a 2 2/3% tax if the amount is more than $25,000,000 but not more than $100,000,000; a 4 2/3% tax if the amount is more than $100,000,000 but not more than $150,000,000; a 6 2/3% tax if the amount is more than $150,000,000 but not more than $200,000,000; a 7 2/3% tax if the amount is more than $200,000,000 but not more than $250,000,000; and an 8 2/3% tax if the amount is more than $250,000,000. This bill reduces the tax to a 1% tax if the total amount wagered on all previous days during the year is not more than $25,000,000; to a 2% tax if the amount is more than $25,000,000 but not more than $100,000,000; to a 4% tax if the amount is more than $100,000,000 but not more than $150,000,000; to a 6% tax if the amount is more than $150,000,000 but not more than $250,000,000; and to an 8% tax if the amount is more than $250,000,000.
Under current law, a racetrack licensee is required to round down payouts to the nearest 10 cents. This rounding down may result in surplus funds in the wagering pool and is called the "breakage". Under current law, a racetrack licensee is required to pay 50% of the breakage to the state. This bill allows a racetrack licensee to retain 100% of the breakage.
Under current law, an intertrack wagering licensee (a person who is issued a license by the gaming commission for the purpose of simultaneously televising -- that is, simulcasting -- a race at one racetrack that is being conducted at a different racetrack) may not simulcast and accept wagers on more than 9 races a year, nor accept wagers on more than one race when 2 or more races are simulcast at the same time. This bill eliminates these restrictions.
Under current law, an intertrack wagering licensee must pay 50% of the total amount of intertrack wagers to the racetrack at which the race is actually conducted, after making certain allocations. These allocations are as follows: a) on days on which no racing is held at the racetrack, but simulcast races take place, the licensee must distribute 3.5% of the total amount of intertrack wagers to the host track for purses at the host track and must retain at least 1% of the total amount of intertrack wagers for purses at the licensee's racetrack; and b) on days on which racing is held at the racetrack, in addition to simulcast races, these percentages are 2.25% and 2.25%, respectively. This bill changes these allocations by requiring only that the intertrack wagering licensee retain at least 1.5% of the total amount of intertrack wagers for purses at the racetrack at which the intertrack wagering was conducted.
Under current law, a racetrack licensee must deduct 17% of the total amount wagered on a straight pool race -- that is, a race in which a person picks a single animal to win, place or show -- and 23% of the total amount wagered on a multiple pool race -- that is, a race in which a person picks 2 or more animals to finish in a certain order -- and pay the remainder to winning ticket holders. This bill allows racetrack licensees to deduct up to 20% of the total amount wagered on a straight pool race and 25% of the total amount wagered on a multiple pool race.
Under current law, the gaming commission consists of 3 full-time members appointed for 4-year terms. This bill changes the composition of the commission, effective on January 1, 1996, to consist of one full-time member, who is to be the chairperson and who is appointed for a 4-year term, and 2 other members who are to be appointed from the ranks of state employment for 2-year terms and who are not required to be full-time members of the commission.
Under current law, the gaming security division in the gaming commission is responsible for providing all security services for gaming operations, monitoring regulatory compliance of gaming operations, auditing gaming operations and investigating suspected violations of gaming-related laws. This bill abolishes, on January 1, 1996, the gaming security division and requires the gaming commission to enter into a contract with either the department of administration (DOA) or another person for the performance of these functions.
Under current law, DOA is authorized to contract for management consultation services to assist in the management or operation of the state lottery, but DOA is not authorized to contract for financial auditing or security monitoring services for the state lottery. Under this bill, DOA is not prohibited from contracting for data processing auditing services for the state lottery.
Under current law, DOA must require separate bids or separate competitive sealed proposals for management consultation services, instant lottery ticket services and supplies and on-line services and supplies. This bill eliminates this requirement with respect to on-line services and supplies and provides that instant lottery ticket data processing services are not subject to these bid and concealed proposal requirements.
This bill increases the compensation paid to a person who sells lottery tickets from 5% to 6% of the retail price of the lottery ticket or lottery share sold by that person. In addition, the bill eliminates the authority of the gaming commission to pay an incentive bonus to a person who sells lottery tickets.
Under current law, the administrator of the lottery division in the gaming commission and the administrator of the racing division in the gaming commission are each authorized to appoint and supervise a deputy and assistant to serve outside the classified service. This bill eliminates these deputy and assistant positions.
Under current law, there exists an executive assistant to the gaming commission. This bill eliminates this position and creates a deputy to the gaming commission. Also, the bill creates a director of a charitable gaming and crane games subunit in the gaming commission.
Under current law, the gaming commission may establish a separate Indian gaming subunit to coordinate the state's activities regarding Indian gaming. Current law provides that the director of the Indian gaming subunit is in the classified service. This bill provides that the director of the Indian gaming subunit must be in the unclassified service.
Under current law, the gaming commission is required, immediately after every race, to test the animal that won the race and an additional animal selected at random for any medications or foreign substances that may have been administered to that animal. This bill changes this requirement by providing that the gaming commission must test only one animal.
Health and social services
Public assistance
