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.
