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.
State government
State employment
Under current law, with certain exceptions, the employes in the department of revenue (DOR) and the department of regulation and licensing (DORL) serve in positions in the classified service. In contrast to an unclassified position, a classified position must be publicly announced and filled through an examination procedure that determines the applicant's merit and fitness for appointment to the position. Also, a person in the classified service who has successfully completed his or her probationary period may not be demoted, suspended, removed or discharged from his or her position except for just cause, and the person has certain reinstatement privileges if he or she is laid off or voluntarily separates from the classified service; a person in an unclassified position does not have the same protections or privileges. In addition, a person in the classified service, other than a limited term employe, project employe, supervisor, management employe or individual who is privy to confidential matters affecting the employer-employe relationship, may exercise collective bargaining rights under the state employment labor relations act (SELRA). Finally, compensation of persons in the classified service is determined in accordance with the state compensation plan, unless the persons are represented. If persons are represented, their compensation is determined according to the collective bargaining agreement.
This bill places all employes in DOR and DORL in the unclassified service beginning on July 1, 1996. These employes are no longer covered by SELRA, with the result that they no longer have collective bargaining rights, and their compensation, with certain exceptions, is determined in accordance with the state compensation plan.
Current law also provides that state employes, with certain exceptions, are protected from retaliation for disclosing information that an employe reasonably believes demonstrates a violation of law, mismanagement, abuse of authority, a substantial waste of public funds or a danger to public health and safety (the "whistleblower law"). This bill removes the employes in DOR and DORL from the protections provided under the whistleblower law.
Under SELRA, state employes in the classified service and assistant district attorneys, except limited term, management, supervisory, confidential and project employes, are included within collective bargaining units established by law. The employes in each unit may select a representative for purposes of collective bargaining. Under SELRA, a "management" employe includes any individual who is engaged predominantly in executive and managerial functions, and specifically includes division administrators, bureau directors and institutional heads, as well as individuals exercising similar functions, as determined by the employment relations commission.
This bill excludes from coverage under SELRA, in addition, any individual who serves as "chief legal counsel" or "deputy chief legal counsel" in a state agency within the executive branch, or any individual who exercises functions and responsibilities similar to such an individual, as determined by the commission. An excluded individual need not be engaged in any managerial, supervisory or confidential functions.
This bill eliminates the labor and industry review commission (LIRC) and the employment relations commission (ERC), effective July 1, 1996, and transfers their functions to the personnel commission, which is renamed the employment commission on that date.
The bill also transfers the council on municipal collective bargaining, which is currently attached to the ERC, to the employment commission, and transfers certain other councils, which are currently in the department of industry, labor and human relations (DILHR) and appointed by LIRC, to the employment commission. (See also EMPLOYMENT.)
Under current law, with certain exceptions, the department of employment relations (DER) is required to certify for vacant classified civil service positions the top 5 names from the register of eligible applicants if the register has fewer than 50 names or the top 10% of names if the register has more than 50 names. This bill requires DER to certify the top 10 names on the register of eligible applicants regardless of the size of the register.
Under current law, the personnel commission is required to conduct hearings on appeals regarding certain personnel decisions affecting state employes and is also required to process complaints regarding certain acts of employment discrimination and retaliatory, disciplinary action against state employes. This bill requires the commission to establish, by rule, a schedule of filing fees to be paid by any person who files such appeals or complaints with the commission.
Under current law, this state is responsible for the employer's share of any costs related to grievance arbitration under a collective bargaining agreement that covers state employes. This bill requires DER to charge a state agency the employer's share of any cost related to grievance arbitration for any arbitration that involves one or more employes of the state agency.
Under current law, the secretary of employment relations is required to allocate positions in the classified service and to reclassify certain positions. The secretary's decision concerning these classifications or reclassifications may be appealed to the personnel commission. Current law also provides that if a majority of the members of the personnel commission are not present for the hearing, a hearing examiner is required to prepare a proposed decision that is subject to modification by the commission. This bill provides that a hearing examiner's proposed decision regarding an appeal of a classification decision of the secretary shall stand as the final decision of the personnel commission.
Under current law, the governor is authorized to create committees by executive order and may authorize each committee to spend up to $2,000 per fiscal year. If the governor wants to authorize a committee to spend more than $2,000 per fiscal year, the governor is required to submit the committee's budget for all expenditures to the joint committee on finance (JCF) for approval. This bill provides that the governor may authorize a committee created by executive order, for the purpose of studying civil service reform, to spend up to $25,000 during the 1995-97 fiscal biennium without submitting a budget of the committee's actual and proposed expenditures to JCF and without the approval of JCF.
Under current law, DER is authorized to make grants of up to $50,000 to a day care provider for the start-up costs of certain day care facilities. These day care facilities must be located at or near a place of employment for state employes, provide day care services for children of state employes, charge a fee to state employes whose children receive care at these facilities, subsidize this fee based on a person's ability to pay and become a self-supporting day care facility within a time period set by DER. This bill eliminates this program.
State finance
Under current law, there exists a separate office of the state treasurer, under the direction and supervision of the state treasurer. Effective on July 1, 1996, this bill abolishes the office of the state treasurer, eliminates the stenographer position assigned to the state treasurer and requires the department of administration (DOA) to establish a subunit in DOA headed by the state treasurer. Under the bill, the state treasurer and the subunit are under the direction and supervision of the secretary of administration.
Currently, the investment board may contract with investment advisers for the management and control of not more than 10% of the assets of the fixed retirement investment trust or the variable retirement investment trust. These assets may be invested in real estate, mortgages, equities, debt of foreign governments and debt of corporations not organized under the laws of this state. Responsibility for management and control of the balance of the assets of these trusts rests directly with the board's employes. When retained, investment advisers are paid from the income that would otherwise accrue to the trusts.
This bill permits the board to contract with investment advisers for the management and control of not more than 25% of the assets of the fixed retirement investment trust or the variable retirement investment trust.
Under current law, any local government in this state, as well as any circuit or municipal court, the Wisconsin health and educational facilities authority and the Wisconsin housing and economic development authority may deposit moneys with the state, which are then pooled to form the local government pooled-investment fund. The fund is invested by the state investment board until such time as the government, court or authority depositing the moneys requests their return. The state treasurer administers this fund and may deduct quarterly not more than 0.25% of the income received from the earnings of the fund during the preceding calendar quarter as reimbursement for his or her expenses of administration.
This bill permits the state treasurer to deduct quarterly not more than 0.5% of the income received from the earnings of the fund during the preceding calendar quarter as reimbursement for his or her expenses of administration.
Currently, moneys received by a state agency that are not appropriated are generally not available for expenditure until they are appropriated. However, if a state agency receives an adjustment of a previously recorded expenditure from a sum certain appropriation to that agency due to activities that are of a temporary nature or activities that could not be anticipated during budget development and which serves to reduce or eliminate the previously recorded expenditure in the same fiscal year in which the previously recorded expenditure was made, the secretary of administration may, upon request of the agency, designate the adjustment as a refund of an expenditure. When designated, the refund becomes available for expenditure. Unless exempted by the secretary, an agency which proposes to designate an adjustment as a refund of an expenditure must provide to the secretary an explanation of the conditions under which it was received, including a reference to the law creating the function of the agency under which the adjustment was received, the appropriation account from which the previously recorded expenditure was made and the purpose of that expenditure and any new proposed expenditure.
Under this bill, DOA prescribes written policies for identification of refunds of expenditures. The policies need not be promulgated as administrative rules. An adjustment received by a state agency may be recorded as a refund of expenditures upon submission to the secretary of administration of a written explanation of the circumstances under which this adjustment was received which qualify the adjustment to be so recorded. The secretary may waive this requirement. An agency need not have the secretary's approval to expend an amount received as a refund of expenditures, provided that the expenditure is made in accordance with the policies prescribed by DOA. An amount received as a result of an expenditure in one fiscal year may be credited and expended in a subsequent fiscal year. An amount may be credited to and expended from a continuing (nonlapsing) appropriation account such as a program revenue account as well as from a sum certain appropriation account, but not from a sum sufficient appropriation account. If the previously recorded expenditure was made from a sum sufficient appropriation account, the amount is recorded as a credit against expenditures from that account for purposes of the state budget report.
This bill directs DOA to require each state agency to adopt, revise as necessary and submit for its approval a strategic plan for the utilization of information technology to carry out the functions of the agency in the most efficient and effective manner.
The bill also permits DOA, upon application of any state agency, to transfer moneys between 2 sum certain appropriations to the agency that are made from the same revenue source for state operations, in order to permit the agency to carry out an information technology development project. ("State operations" excludes aids to or for the benefit of local governments, individuals or organizations and moneys derived from gifts, grants, bequests or federal revenues.) DOA may approve a request if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with its strategic plan for information technology purposes, as approved by DOA.
The bill directs the secretary of administration to submit quarterly reports to JCF concerning appropriation amounts transferred under the bill, together with a description of the purpose for which each transfer was made.
Currently, in most cases, the approval of JCF is required before moneys for state operations may be transferred from one appropriation account to another such account.
This bill permits DOA, upon application of any state agency, to carry over unencumbered moneys in the account for any sum certain appropriation to the agency between successive fiscal years or biennia in order to permit the agency to carry out an information technology development project. DOA may approve a request if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with its strategic plan for information technology purposes, as approved by DOA.
Currently, in most cases, the approval of JCF is required before moneys in a sum certain appropriation account may be carried over between successive fiscal years within a fiscal biennium. Currently, JCF does not have the authority to carry over moneys between fiscal biennia.
