This bill authorizes the commissioner to approve organizations that may offer prelicensing or continuing education courses or programs, for an initial fee not exceeding $500 and an annual renewal fee not exceeding $100, and to approve the courses that an approved organization may offer, for a fee not exceeding $25 per credit hour. The bill also provides that if an intermediary whose license is suspended for failure to produce evidence of compliance with continuing education standards produces such evidence within 60 days after the license is suspended, the license is reinstated, effective on the date of the suspension. If the intermediary does not produce evidence of compliance within 60 days, however, the license is revoked and the intermediary must satisfy all original licensing requirements to be relicensed.
Under current law, every business corporation, including a nonprofit corporation, and every limited partnership must maintain in this state a registered agent for service of process. Current law does not require insurers to maintain a registered agent for service of process. Service is made on the commissioner of insurance or, if a legal proceeding is brought by the state, on the secretary of state. The commissioner or secretary of state must send a copy of the process by certified mail to the person served at the person's last-known principal place of business, residence or post-office address. The fee for service on the commissioner is $5.
This bill requires every insurer to maintain in this state a registered agent for service of process, whose name and address must be filed with the commissioner. If an insurer fails to maintain an agent or if the agent cannot be found, substituted service may be made on the commissioner, or on the secretary of state if the action is brought by the state. If substituted service is made, the commissioner or the secretary of state must follow the same procedure as before for mailing the process. The bill, however, increases the fee for service on the commissioner to $10.
Under current law, the commissioner of insurance collects fees for various services provided by the office of the commissioner of insurance (OCI). The fees are used to pay for the general operating costs of OCI. This bill increases the fees for insurers, rate service organizations and motor clubs for: filing documents required by law as a prerequisite to operating in this state; issuing a certificate of authority; annually continuing a certificate of authority; and filing an annual statement. The bill also creates a fee for certifying copies of a number of types of documents, such as certificates of authority and annual statements.
Under current law, hospitals must use a uniform accounting system developed by the office of health care information (OHCI) in OCI and specified in rules promulgated by the commissioner of insurance. This bill eliminates that requirement.
Under current law, the activities of OHCI are funded by assessments paid by hospitals in proportion to gross private-pay patient revenues during the most recently concluded fiscal year. One of the responsibilities of OHCI is to collect health care information from health care providers other than hospitals and ambulatory surgery centers to analyze and disseminate in language that can be understood by lay persons. General operations of OCI are funded by fees paid by insurers for various services provided by OCI, such as issuing certificates of authority, filing annual statements and listing insurance agents.
Under this bill, the responsibility of OHCI to collect, analyze and disseminate information from health care providers other than hospitals and ambulatory surgery centers may be funded from OCI's appropriation derived from insurer fees, as well as from the appropriation for OHCI derived from hospital assessments.
OCI administers the patients compensation fund, the local government property insurance fund and the state life insurance fund. The patients compensation fund is derived from assessments paid by certain health care providers, and the other 2 funds are derived from premiums paid by policyholders insured under the funds. For each fund there exists an annual appropriation (from which the unencumbered balance remaining at the end of a fiscal year lapses back to the fund) for paying the expenses of administering the fund and a continuing appropriation (from which the balance never lapses) for making the payments for which the fund was created, such as losses under the property or life insurance policies and compensation to patients making claims against health care providers.
This bill specifically provides that moneys appropriated under the continuing appropriation for each of the 3 funds may not be used for expenses related to administering the fund.
Local government
Shared revenue and property tax credits
This state currently distributes a school levy property tax credit to municipalities that is based upon each municipality's share of statewide levies for school purposes. Beginning in 1997, this bill increases the annual amount distributed under this credit from $319,305,000 to $469,305,000.
Under current law, a small municipality receives, in addition to payments under the regular shared revenue formula, an additional shared revenue payment if it has a population of 5,000 or less, a tax rate of at least one mill and the full value of the property in the municipality meets certain tests. This bill ends funding for these additional payments after 1995. In 1995, $14,000,000 was appropriated for those payments.
This bill requires counties to spend shared revenue payments first for circuit court expenses, for probation and parole hold costs in county jails and for youth services expenses and 2nd for other costs for which the counties would otherwise levy property taxes. The bill also requires counties to spend mandate relief payments first for probation and parole hold costs in county jails and 2nd for costs for which the counties would otherwise levy property taxes.
Other local government
Under the current tax incremental financing (TIF) program, a city or village may create a tax incremental district (TID) in part of its territory to foster development in certain areas that are blighted, in need of rehabilitation or suitable for industrial sites. Before a city or village may create a TID, several steps and plans are required, including public hearings on the proposed TID, preparation and adoption of a project plan for the TID and creation of a joint review board to review the proposal. The joint review board, which is made up of representatives of the overlying taxing jurisdictions of the proposed TID, must approve the project plan or the TID may not be created. If an existing TID project plan is amended by a planning commission, these steps are also required.
Also under current law, once a TID has been created, the department of revenue (DOR) calculates the "tax increment base value" of the TID, which is the value of all taxable property within the TID at the time of its creation equalized for state purposes. If the development in the TID increases the value of the property in the TID above the base value, a "value increment" is created. That portion of taxes collected on the value increment in excess of the base value is called a "tax increment". The tax increment is placed in a special fund that may be used only to pay back the costs of the TID, such as public works, financing costs, and professional service costs. DOR authorizes the allocation of the tax increments until the TID terminates or 23 years after the TID is created, whichever is sooner. Under current law, TIDs are required to terminate in most cases once these costs are paid back, 16 years after the last expenditure identified in the project plan is made or when the creating city or village dissolves the TID, whichever occurs first. Tax increments generated by a TID may be expended during a period of not more than 7 years.
This bill creates a mechanism by which the planning commission of a city or village may allocate positive tax increments generated by one TID (the donor TID) to another TID created by that planning commission (the recipient TID) if certain conditions are met, including a requirement that the 2 TIDs have the same overlying taxing jurisdictions. This change applies only to TIDs that are created before October 1, 1994, and such an allocation may continue for no more than 10 years.
The bill also extends the life span of TIDs that are created before October 1, 1994. For such a TID, the maximum life span is increased from 23 to 27 years, DOR may allocate tax increments for 27 years instead of 23 years and the maximum time that the TID may exist after the last expenditure identified in the project plan is made is 16 years instead of 20 years. The bill does not increase the maximum period of time during which tax increments may be expended.
Under current law, the state pays to a county that has a county assessor system either 75% of the costs of the system or 75% of the sum of 0.2 mill multiplied by the full value of taxable property in the county plus $3.95 multiplied by the number of parcels of land in the county, whichever is less. Under this bill, the state does not pay any of the costs of a county assessor system, but a county may charge the cities, villages and towns in the county for the cost of assessments.
Under current law, most towns may incorporate as a city or village only after following certain procedures and receiving approval for the incorporation from a circuit court and from the department of administration (DOA). Also under current law, if a town wishes to consolidate with another contiguous city, village or town, the consolidation may not take effect unless a circuit court and DOA find that the proposed consolidation is in the public interest. Town territory that is contiguous to any city or village may be annexed to that city or village under several methods, including direct annexation and annexation by referendum. Under both of these methods, in a county with a population of at least 50,000, DOA is authorized to advise whether the proposed annexation is against the public interest. Upon receiving such notice, the annexing municipality is required to review DOA's advice before final action is taken.
This bill transfers all of these incorporation and boundary review functions from DOA to the department of development (DOD), effective on July 1, 1996.
Currently, public records not stored in hard copy format may be transferred to microfilm or optical disk format only. This bill authorizes local government records to be transferred to or maintained in optical disk or electronic format subject to rules promulgated by DOA.
Natural resources
Fish, game and wildlife
This bill changes the fees charged by the department of natural resources (DNR) for certain fish and game licenses, permits, stamps and duplicate licenses. The bill increases the fees for the following:
1. All hunting licenses and permits except bonus deer hunting permits.
2. All recreational fishing licenses except sturgeon spearing licenses.
3. Sports licenses and conservation patron licenses.
4. Commercial fishing licenses, except for licenses that authorize fishing for only rough fish in outlying waters under contract with DNR.
5. Duplicates for hunting licenses, fishing licenses, sports licenses and conservation patron licenses.
The bill decreases the fees for most fishing and hunting stamps, except the bill increases the fee for the waterfowl hunting stamp.
Currently, a conservation patron license confers on its holder the privileges of most of the state's fish and game licenses and allows a licensee to use a state park, state trail or other related areas without having to pay an admission fee. A sports license confers on its holder the privileges of the resident small game hunting, deer hunting and fishing licenses. Under current law, only residents may purchase these licenses. This bill allows both residents and nonresidents to purchase these licenses. Nonresidents must pay a higher fee than residents.
Under current law, a wildlife damage surcharge is imposed on the fee for sports licenses but no wildlife damage surcharge is imposed on conservation patron licenses. This bill imposes a wildlife damage surcharge on the conservation patron license and raises the surcharge on the sports license.
Under current law, DNR may issue a permanent fishing license to a state resident who has a certain disability. The license is valid from the date of issuance as long as the licensee is a resident and his or her disability continues. There is no fee for this license.
Under this bill, this license is valid for one year. A license issued before the day the bill becomes law remains valid until March 31, 1996. The bill also imposes a fee for this license.
Current law requires DNR to collect a nonrefundable processing fee of $3 for each application submitted for certain hunting and trapping licenses, permits and stamps. Under this bill, DNR must also collect this processing fee for each application submitted for a bonus deer hunting permit.
This bill authorizes DNR to establish a fee that may be charged to cover the costs that are associated with paying for fish and game licenses, permits and stamps requested by mail, telephone or electronic means.
Under current law, a minor under the age of 12 may not hunt with a firearm. Also, except for the hunting safety certificate of accomplishment, DNR may not issue any type of hunting license, permit or stamp to a minor under the age of 12. This certificate only authorizes the hunting of small game and can only be used once the minor reaches the age of 12.
Under this bill, a minor who is a state resident and who is 11 years old may apply for a hunting license, permit or stamp that is issued by a preference system used by DNR if the minor has a certificate of accomplishment. However, the minor may not use the license, permit or stamp until he or she reaches the age of 12.
Under this bill, DNR may conduct educational hunting, fishing and trapping activities for groups of persons whom DNR determines will benefit from such activities.
Under current law, a county may apply to DNR for aids to improve the natural environment of the game and nongame species in the county's forests. Under current law, the maximum annual aids payment that a county may receive may not exceed 10 cents per acre. Under this bill, the maximum annual aids payment is increased to 20 cents per acre.
Navigable waters
Under current law, most boats must have certificates of number that are issued annually for a fee by DNR. The fee for a certificate of number is based on the size of the boat. This bill increases these fees.
This bill makes changes in the fee structure for applications for permits and other approvals issued by the DNR for various projects that affect navigable waters and wetlands.
For projects such as the placement of structures or deposits in navigable waters and for certain permits that affect dams the bill changes the fees so that they are based on the number of hours DNR typically spends on reviewing, investigating and making a determination on the application. Under current law, the amount of the fee is based on the cost of the project.
This bill also authorizes DNR to charge the following fees, for which no authority exists under current law:
1. A fee for making a determination as to whether a project complies with the water quality standards for wetlands promulgated by rule by DNR.
2. A fee for making a determination as to whether a structure or deposit placed in navigable waters by a riparian owner will violate the rights of the public or of riparian owners other than the owner seeking to place the structure or deposit.
3. A fee for conducting a hearing on whether to issue a permit to approve a project that affects navigable waters or for a dam.
Under current law, local units of government are exempt from paying application fees for permits or approvals. This bill eliminates that exemption.
Under current law, DNR must issue permits authorizing activities in navigable waters such as the placement of structures or deposits. Under this bill, DNR may delegate this responsibility to a municipality if DNR determines that the activity is one that can be regulated by the municipality and if the municipality is willing and equipped to assume the responsibility.
The bill also provides that no individual or general permit is needed from DNR for certain types of activities in navigable waters, such as placing gravel or riprap, if DNR promulgates rules establishing construction and location standards for the activity and if the activity does not have a significant impact on the environment or on the public's rights in navigable waters.
This bill authorizes a state grant for the repair of the portion of the Portage levee system that belongs to the city of Portage. The bill transfers to the city of Portage the duty of maintaining that portion when the repair project is complete.
Recreation
Under current law, DNR is responsible for developing, operating and administering the state parks, state trails, the ice age trail, the state recreation areas and the state forests. This bill transfers the responsibilities for all of these state lands, except for the state forests in the northern portion of the state, to the department of tourism and parks (DTP), which is created in the bill, effective on July 1, 1996. Under the bill, all of these state lands are made part of the state park system. The bill also provides funding to DTP to develop and maintain the snowmobile and ATV trails within the state park system.
Currently, the Kickapoo valley reserve is administered by a 9-member governing board which is attached to the department of administration (DOA) for administrative purposes. The board administers the reserve to preserve and enhance its unique environmental, scenic and cultural features, to provide facilities for the use and enjoyment of visitors and to promote the reserve as a destination for vacationing and recreation. The boundaries of the reserve are determined by DOA, which also provides fiscal and accounting services to the board. The board may promulgate rules to govern administration of the reserve. DNR has police supervision over the reserve and enforces the rules of the board.
This bill attaches the Kickapoo valley governing board to DTP for administrative purposes, without changing the powers and functions of the board. Under the bill, DTP determines the boundaries of the reserve and provides fiscal and accounting services to the board. The bill also transfers responsibility for police supervision over the reserve from DNR to DTP. Under the bill, DNR retains authority to enforce the rules of the board but has no responsibility to do so.
In addition, the bill changes the primary source of funding for administration of the reserve from general purpose revenue to segregated (conservation fund) revenue.
This bill authorizes DNR to acquire land for state natural resource management areas. Under the bill, a state natural resource management area is one that provides multiple natural resource values, such as scenic and environmental values.
Under current law, no person may enter a state park or certain other state recreational areas in a vehicle without paying a fee for an annual or daily vehicle admission sticker. This bill raises the fees for these stickers.
Under current law, an operator of a motor vehicle is in violation of state law if he or she operates the vehicle in a state park or other state recreation area without an admission sticker on the vehicle. This bill makes the owner of the vehicle, regardless of whether he or she was the operator, liable for this violation. The also bill establishes certain defenses to liability for this violation.
Other natural resources
Under current law, DNR is under the direction and supervision of the natural resources board, consisting of 7 members who are nominated by the governor and appointed with the advice and consent of the senate for staggered 6-year terms. The board appoints a secretary to administer DNR. This bill abolishes the board. Under the bill, DNR is under the direction and supervision of a secretary who is nominated by the governor and appointed with the advice and consent of the senate to serve at the pleasure of the governor. The bill also creates a natural resources council to advise DNR. The initial membership of the council consists of those board members who are in office when this bill becomes law.
Under current law, a department may establish district or area offices for field operations. DNR has established 6 field districts, each of which is headed by a director. Current law provides that a director of a DNR field district is in the classified service. This bill authorizes the secretary of natural resources to appoint a director for each field district or field area office established by the department. The bill also provides that the directors of the DNR field districts are in the unclassified service.
Under current law, the Wisconsin conservation corps (WCC) board is attached to DOA for limited administrative purposes. This bill transfers the WCC board to the department of industry, labor and human relations (DILHR).
Under current law, corps enrollees receive wages and certain benefits provided by the state. A sponsor may supplement these wages or provide additional benefits. The WCC board establishes guidelines to be used in selecting corps projects. These guidelines include the extent to which the project will provide employment in meaningful work activities and the share of the total project cost that will be provided by the project's sponsor. Under this bill, the WCC board must also use as a guideline the extent to which the sponsor will provide the corps enrollees additional wages or other benefits. Also, under the bill, the WCC board may approve a project without using these guidelines if the sponsor is paying for the entire cost of the project.
Currently, the WCC board consists of 7 members. The members must provide regional, environmental and agricultural representation. This bill changes the composition of the WCC board to require that one member be a member of an area private industry council, which coordinates job training programs.
Under current law, the WCC board may provide health care coverage under the state group health insurance program, administered by the department of employe trust funds, to certain crew leaders. This bill provides that the WCC board may also offer these persons health care coverage under any other health care coverage program.
Under current law, the WCC board classifies its enrollees as corps members, assistant crew leaders and crew leaders. This bill authorizes the WCC board to classify its enrollees as corps members, assistant crew leaders, crew leaders and regional crew leaders.
Under current law, a participating employe under the Wisconsin retirement system (WRS) is eligible for coverage under the state group health insurance program on the first day of the month immediately after the employe submits an application for coverage if the application is submitted within the first 30 days after being hired. If the participating employe is a member or employe of the legislature, a state constitutional officer, a justice of the supreme court, a court of appeals judge, a circuit judge, the chief clerk or sergeant at arms of the senate or assembly or certain crew leaders employed by the WCC board, he or she is immediately eligible for the employer contribution towards the premiums. All other participating employes are ineligible for the employer contribution towards group health insurance premiums during the first 6 months of employment. This bill makes a regional crew leader employed by the WCC board immediately eligible for the employer contribution towards group health insurance premiums.
Current law provides that crew leaders and assistant crew leaders may be paid more than the state minimum wage, but does not impose a wage cap. This bill caps wages for crew leaders, assistant crew leaders and regional crew leaders at twice the state minimum wage and authorizes the WCC board to waive the wage cap for regional crew leaders.
Under current law, the WCC board may extend the normal 2-year enrollment period of a crew leader if the crew leader possesses special experience or training that is valuable to the corps. Under this bill, the WCC board may extend the enrollment period to up to 4 years for a crew leader regardless of whether the crew leader has special experience or training. For regional crew leaders, the WCC board may extend the 2-year period beyond 4 years.
Under current law, there is one wild ginseng dealer license that covers residents and nonresidents. This bill creates the following dealer licenses:
1. Three different licenses for wild ginseng dealers who are residents and who purchase for resale 8 or more ounces of wild ginseng. The type of license that a dealer must hold depends on the amount of wild ginseng that he or she will purchase for resale in a given year.
2. A wild ginseng dealer license for nonresidents.
Also, under current law, a person who harvests wild ginseng must have a harvest license. This bill creates 2 separate licenses: one for residents and one for nonresidents.
The bill requires that wild ginseng shipped out of this state be accompanied by a certificate of origin if it originates in this state or if it is shipped to a foreign country, regardless of its state of origin. The bill also requires that a resident dealer return to the sender wild ginseng that he or she receives from outside the state if it is not accompanied by a certificate of origin from that state.
Under current law, DNR conducts a program of conservation work projects for certain American Indian youth who are members of the Chippewa tribes or bands and DNR operates a program of youth conservation camps for boys and girls. This bill eliminates these 2 programs.
This bill allows DNR to charge fees for its environmental education programs. Under current law, no such authority exists.
Occupational regulation
Under current law, the department of regulation and licensing (DORL) and its boards, examining boards and affiliated credentialing boards issue licenses, permits and certificates (credentials) that authorize a person to practice a particular occupation or profession or use a particular occupational or professional title. A person who has been issued a credential by DORL or by an examining board or affiliated credentialing board attached to DORL must renew his or her credential on a regular basis (every 2 years for most credentials). Current law provides for a renewal fee that a credential holder must pay to DORL when he or she applies for a credential renewal. This bill requires DORL to levy a health care provider assessment of $300 on physician, podiatrist and chiropractor licenses. The health care provider assessment is in addition to the license renewal fee and must be paid at the time the holder of a physician, podiatrist or chiropractor license renews his or her license. If a physician, podiatrist or chiropractor fails to pay the health care provider assessment, DORL must request the department of revenue to collect the assessment using the collection methods applicable to income taxes. The money collected from the health care provider assessment is paid into the general fund.
Under current law, a person may not use the title "social worker" unless he or she is certified as a social worker by the social worker section of the examining board of social workers, marriage and family therapists and professional counselors. A person is eligible for a social worker certificate if he or she has received a bachelor's, master's or doctorate degree in social work and has passed an examination approved by the section to determine whether the person has the minimum competence to practice social work.
This bill creates a social worker training certificate that the section may grant to a person who has a bachelor's degree in psychology, sociology, criminal justice or another human service program approved by the section. A person who holds a social work training certificate may use the title "social worker" and is considered to be certified as a social worker for the purpose of any law governing social workers. A person who holds a social worker training certificate must: 1) attain social worker degree equivalency by taking social work courses; and 2) have direct practice experience with clients through either a 400-hour supervised human service internship or one year of supervised social work employment. Upon completing these 2 requirements, or at the end of 24 months, whichever occurs first, a person holding a social worker training certificate must take the national social work examination and, after passing that examination, must take an examination covering state law governing social work. If the person passes both examinations the section must grant the person a social worker certificate.
Under current law, with exceptions, DORL and the boards, examining boards or affiliated credentialing boards in DORL may discipline the holder of a credential by revoking or suspending the credential, by imposing limits on the credential, by reprimanding the holder of the credential or, in some cases, by imposing forfeitures (civil monetary penalties). This bill allows DORL or a board, examining board or affiliated credentialing board in DORL, as appropriate, to close a disciplinary investigation by issuing an administrative warning to the holder of the credential if DORL or the board, examining board or affiliated credentialing board determines that there is substantial evidence of misconduct by the holder of the credential but determines that a disciplinary proceeding should not be commenced.
Under current law, DORL and each board, examining board or affiliated credentialing board in DORL imposes various requirements on the practice of the professions regulated by DORL or the board, examining board or affiliated credentialing board. DORL or the board, examining board or affiliated credentialing board may require or conduct inspections, including records inspections, to verify that premises required to be licensed meet specified requirements and that a regulated professional complies with the practice requirements. This bill allows DORL or a board, examining board or affiliated credentialing board in DORL that has the authority to establish standards of conduct for a profession to promulgate rules that, in addition or as an alternative to DORL or the board, examining board or affiliated credentialing board conducting an inspection, require a regulated professional to inspect his or her own licensed location and to submit a report to DORL or the board, examining board or affiliated credentialing board that regulates the profession. The bill also allows DORL or a board, examining board or affiliated credentialing board to require a regulated professional to review specific practice requirements that relate to his or her profession and to verify in a report that his or her practice complies with those requirements.
Under current law, a licensed real estate broker or salesperson may apply to DORL for registration as an inactive licensee unless the person's license has been revoked or suspended as the result of a disciplinary proceeding. An inactive licensee may not engage in real estate practice, but may have his or her original license reinstated upon application and payment of a fee. This bill provides that inactive licenses for real estate brokers and salespersons may not be issued after November 1, 1995, and provides that, beginning on January 1, 1996, an inactive licensee must satisfy new requirements to have his or her original license reinstated.
This bill changes the statutory fees for initial and renewal credentials issued by DORL to reflect DORL's approximate costs of administration and enforcement attributable to the regulation of the various occupations and businesses that DORL regulates.
Under current law, DORL may charge a late fee to a credential holder who does not apply to renew his or her credential before the applicable credential renewal date. The late fee is $5 if the credential holder files the application for renewal less than 30 days after the renewal date and $25 if the credential holder files the application for renewal 30 days or more after the renewal date. This bill replaces the 2 different late fees with one late fee of $25, which DORL may charge regardless of how many days past the renewal date the renewal application is filed.
