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.
*** Analysis from -1032/2 ***
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.
*** Analysis from -1031/2 ***
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.
*** Analysis from -1023/5 ***
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.
*** Analysis from -2161/4 ***
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.
*** Analysis from -2175/7 ***
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.
*** Analysis from -2161/4 ***
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.
*** Analysis from -2643/1 ***
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.
*** Analysis from -1016/2 ***
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.
*** Analysis from -1779/4 ***
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.
*** Analysis from -1949/2 ***
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.
*** Analysis from -2602/4-1306/2 ***
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.
*** Analysis from -1434/3 ***
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.
*** Analysis from -1021/3 ***
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.
*** Analysis from -2751/2 ***
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.
*** Analysis from -1048/1 ***
This bill allows DNR to charge fees for its environmental education programs. Under current law, no such authority exists.
*** Analysis from -2547/3 ***
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.
*** Analysis from -2448/2 ***
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.
*** Analysis from -0562/2 ***
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.
*** Analysis from -0563/1 ***
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.
*** Analysis from -0568/3 ***
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.
*** Analysis from -0555/4 ***
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.
*** Analysis from -0558/3 ***
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.
*** Analysis from -2391/1 ***
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.
*** Analysis from -0681/1 ***
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.
*** Analysis from -2473/3 ***
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.)
*** Analysis from -0679/2 ***
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.
*** Analysis from -2045/2 ***
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.
*** Analysis from -1715/2 ***
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.
*** Analysis from -2046/1 ***
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.
*** Analysis from -2392/1 ***
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.
*** Analysis from -1712/1 ***
