2. Licenses for game farms on which the licensee permits an individual to hunt game birds for a fee.
3. Licenses for game farms on which the licensee sells game animals, the gross revenue from which is $10,000 or more in the preceding license year.
Under current law, state agencies, including DNR, must release certain information to a third party upon that party's request. This bill changes this requirement as it applies to information about holders of fish and game licenses, stamps and other approvals (approval holders) as follows:
1. DNR may not release any information about approval holders who are under the age of 18 or about approval holders who request that DNR not release any such information.
2. DNR may, at its discretion, release the names and addresses of, and demographic information about, all other approval holders and may produce and sell lists of the names, addresses and demographic information.
3. DNR may not release telephone numbers or driver's license numbers of approval holders, or approval numbers or identification numbers given to approval holders by DNR, under any circumstances.
Under current law, DNR may issue bonus deer hunting permits to state residents and nonresidents who hold deer hunting licenses in order to control the state's deer population. This permit allows the holder to kill an additional deer. Under current law, most applicants must pay a fee for this permit. Also under current law, DNR or its agents collect an issuing fee for most fish and game licenses. This bill requires that if a person must pay a fee for a bonus deer hunting permit, he or she must also pay an issuing fee.
Under current law, DNR appoints agents to issue fish and game approvals. DNR may charge a handling fee to cover the costs incurred by DNR in issuing these approvals by mail, telephone or electronic means. Under this bill, DNR may authorize any of its agents to collect and retain this handling fee.
This bill requires that DNR establish a system to allow a hunter to reserve the same deer hunting back tag number each year upon payment of a reservation fee. DNR may limit the number of back tag numbers that may be reserved.
This bill grants DNR specific authority to promulgate rules to regulate wildlife rehabilitators. The rules may include a system for issuing rehabilitator licenses or permits.
Under current law, if DNR and the Lac du Flambeau band of the Lake Superior Chippewa (band) have in effect an agreement under which the band agrees to limit its treaty-based, off-reservation rights to fish, the band may elect to issue DNR fishing licenses and DNR inland waters trout stamps as an agent of DNR and to retain the fees that the band collects for these licenses and stamps. Current law also authorizes DNR to pay the band an amount equal to the amount that DNR collects from its other agents who issue DNR fishing licenses and trout stamps on the reservation if the agreement is in effect. Under current law, these payments are made from the conservation fund.
This bill provides additional funding for these payments from moneys received by the state under Indian gaming compacts.
This bill provides funding to DNR for costs associated with the management of the state's elk population from moneys received by the state under Indian gaming compacts.
Navigable waters
Under current law, with certain exceptions, a riparian owner may not place a structure or deposit or conduct certain other activities in a navigable body of water without first obtaining a permit from or entering into a contract with DNR. For most structures, deposits or activities (riparian activities) that require a permit or contract, the procedure for obtaining the permit or contract requires that DNR provide notice to the public in a newspaper that is likely to give notice in the area where the riparian activity will be located and to the county and city, village or town (municipality) in which the riparian activity will be located. If DNR receives a written objection in response to the notice, it must hold a public hearing on the issue of whether it should approve the permit or contract. DNR may also use this notice and hearing procedure when it is not specifically required if DNR determines that substantial interests of any party may be adversely affected by the granting of the permit or contract. For certain other riparian activities that require permits, current law does not require this notice and hearing procedure. These riparian activities include the placement of fish cribs, bird nesting platforms, gravel, riprap and bridges less than 35 feet wide and the enlargement of certain artificial waterways.
This bill changes these public notice and hearing procedures. These changes include the following:
1. The first notice issued by DNR must contain a preliminary decision of whether to grant the permit or the contract instead of stating that DNR will render a decision without a hearing unless a substantive written objection is received within 30 days. The preliminary decision becomes final if no such objection is received within 30 days.
2. If DNR receives such an objection, it must distribute a notice to certain interested parties. Also, for certain types of permits or contracts and wherever DNR determines that an environmental impact assessment is required, the applicant for the permit or contract must publish a notice containing the preliminary decision in an area newspaper.
3. If an objection is timely filed in response to these notices DNR must determine whether it is a substantive written objection and, if so, whether the riparian activity affects a public right or interest in navigable waters. If DNR determines the objection is substantive and that the riparian activity affects a public right or interest, DNR must offer the person making the objection the choice of a public hearing before an administrative law judge, an informal hearing before DNR staff, or a dispute resolution proceeding. If DNR determines that the objection is substantive but that the riparian activity does not affect a public right or interest, DNR must offer the choice between the informal hearing and the dispute resolution proceeding.
The riparian activities that are subject to these notice and hearing requirements under current law continue to be subject to the requirements under the bill. The bill also applies the requirements to the permits and contracts to remove material from beds of navigable waters.
Under current law, DNR must issue permits authorizing activities in navigable waters such as the placement of structures or deposits. For certain types of activities in navigable waters, DNR may issue a general permit that allows anyone to engage in a type of activity as opposed to an individual permit to a specific individual who wants to engage in the activity. Currently there are two programs under which DNR issues general permits. One applies throughout the state (regular program). The other program is a five-year project for the Wolf River and Fox River basin area, under which DNR issues general permits for any activity in navigable waters that requires a permit (pilot program). Under both programs, DNR issues a general permit if it determines that the environmental impact of the activity is insignificant and that the issuance of the permit will not cause pollution or injury to the rights of the public or riparian property owners.
This bill eliminates the pilot program and makes the following changes in the regular program:
1. DNR may issue a general permit for any activity that requires a specific permit or a contract. Under current law, DNR may issue general permits for only certain activities that require permits such as placement of fish cribs, bird nesting platforms, gravel and riprap and the enlargement of certain waterways.
2. A time limit of five years is imposed on any general permit. There are no time limits under the current two programs.
3. A person is allowed to maintain a structure or deposit or continue an activity under the authority of a general permit after the general permit is no longer in effect unless DNR determines that the structure, deposit or activity is detrimental to a public right or interest in navigable waters.
4. Only municipalities, public inland lake protection and rehabilitation districts, town sanitary districts and groups of ten or more riparian owners that would be affected by the issuance of a general permit may apply for a general permit. Under the current regular program, anyone may apply. Under the pilot program, these specific persons plus any contractor who has been involved in placing structures along navigable waters and certain local entities such as certain lake associations and nonprofit conservation organizations may apply.
5. Public notice must be given and in certain cases, a public hearing must be held before DNR may issue a general permit for any activity. Under the pilot program, notice and hearing are required only if they are required before DNR issues an individual permit for the activity in question. Under the regular program there are no notice or hearing requirements because the types of activities for which general permits are available have no notice and hearing requirements before DNR may issue the permit.
6. A person conducting an activity under a general permit must comply with any local ordinance that contains standards that are at least as restrictive as those contained in the general permit. Currently, the pilot program requires compliance with any applicable local ordinances.
7. The fee structure for general permits and for authorization to act under general permits is incorporated from the pilot program.
8. DNR may inspect projects or activities in navigable waters that are undertaken pursuant to permits issued or contracts entered into by DNR. Currently the pilot program has similar provisions.
Under current law, most boats must have certificates of number or of registration that are issued every two years for a fee by DNR. The fees are generally based on the size of the boat. This bill increases these fees by 50% and increases the period of certification and registration to three years.
Under current law, DNR awards grants for planning projects to provide information on the quality of water in lakes. DNR also awards grants for management projects that will improve or protect the quality of water in lakes or in their ecosystems.
This bill allows these grants to be used to provide information and education on the use of lakes and their ecosystems. Current law allows these grants to be used to provide information only on the water quality in lakes. The bill also specifically allows grant recipients to conduct assessments of lake uses and the uses of surrounding land.
This bill creates a new grant program for river protection activities for certain rivers. The program includes grants for both planning projects and management projects and is similar to the lake planning grant program and the lake management grant program. River protection management grants may be used to purchase land or conservation easements in order to protect or improve a river or its ecosystem, to restore in-stream or shoreline habitat and to install pollution control practices. DNR may award grants under the program for up to 75% of the cost of the project. The bill imposes a limit of $10,000 on each planning grant and a limit of $50,000 on each management grant. Cities, villages, towns, counties, special purpose districts, river management organizations that meet certain qualifications and nonprofit conservation organizations are eligible for these grants.
Under current law, no permit is required from DNR for highway and bridge work that is directed and supervised by the department of transportation (DOT) and that involves the placement of structures or the deposition of material in navigable waters of this state if the work is accomplished in accordance with interdepartmental liaison procedures established by DOT and DNR for minimizing the adverse environmental impact of the work.
This bill exempts any transportation project, including rail, harbor and airport projects, directed and supervised by DOT from having to obtain a permit from DNR to place structures or deposit material in navigable waters if the transportation project is accomplished in accordance with the interdepartmental liaison procedures. The bill also allows DOT, in connection with a transportation project, to construct, dredge or enlarge any artificial waterway connecting to a navigable water without obtaining a permit from DNR if the project is accomplished using the interdepartmental liaison procedures.
Under current law, DNR awards grants to municipalities and public inland lake protection and rehabilitation districts for the purposes of dam maintenance, repair, modification, abandonment and removal. This bill expands the purposes for which DNR may give financial assistance to include other activities that increase the safety of the dam if the activities cost less than maintaining, repairing, modifying or removing the dam. Currently, at least $250,000 of the $11,850,000 in grant assistance must be spent to remove dams that are less that 15 feet wide and that create impoundments of 50 acre-feet or less. This bill changes these size requirements to 15 feet in height and 100 surface acres.
This bill authorizes DNR to charge a fee for providing any information that DNR maintains in a format that may be accessed by computer concerning the waters of this state, including maps and other water resource management information.
Recreation
Under current law, a minor who is under 12 years old may operate a snowmobile only if the minor is accompanied on the same snowmobile by an adult. A minor who is 12, 13, 14 or 15 years old may operate a snowmobile only if he or she holds a valid snowmobile safety certificate or if he or she is accompanied on the same snowmobile by a person who is over the age of 18 or by a person who is over the age of 14 and who has a valid snowmobile safety certificate. Snowmobile operators who are at least 16 years old are exempt from being accompanied and from holding a snowmobile safety certificate.
Under this bill, a person who is at least 12 years old and who is born on or after January 1, 1985, must have a valid snowmobile safety certificate to operate a snowmobile. This change goes into effect on January 1, 2001. The bill makes no changes to current law for minors under 12 years old.
Under current law, a person operating a snowmobile adjacent to a roadway or on certain roadways that are open to snowmobiles for access to lodging or residences must observe the roadway speed limits. This bill expands this requirement to cover all roadways upon which snowmobiles are operated.
Current law prohibits tampering with the odometer of a motor vehicle and with the hour meter of farm equipment. This bill prohibits any person from knowingly interfering with the proper operation of the odometer of a snowmobile or all-terrain vehicle and from operating a snowmobile or all-terrain vehicle with a malfunctioning odometer. The bill prohibits any person, with intent to defraud, from interfering with the proper operation of an hour meter on a snowmobile, all-terrain vehicle or boat.
This bill authorizes conservation wardens and other law enforcement officers to stop and inspect a snowmobile to determine whether required equipment is in good working order and to order out of operation a snowmobile found to be unsafe for operation or in violation of required equipment standards. Conservation wardens may issue a repair order to the owner or operator of the snowmobile in addition to or instead of any penalties that apply to violating the equipment standards. The bill also prohibits DNR and American Indian tribes and bands from registering snowmobiles that failed their most recent equipment inspection until repairs have been made.
Under current law, DNR administers a registration system for all-terrain vehicles, boats and snowmobiles. This bill authorizes DNR to appoint agents, who may be county clerks or other persons not employed by DNR, to issue all-terrain vehicle and snowmobile registration certificates and to renew certain all-terrain vehicle and snowmobile certificates and all certificates of number and registration for boats. The bill also authorizes DNR to establish an expedited service for these renewals, which may be used by the agents or by DNR directly.
The bill establishes a fee of $3 for the issuance of these registration documents by DNR agents and requires that the agents remit $2 of each issuing fee to DNR. The bill authorizes DNR to establish a supplemental renewal fee for renewals done by agents or for the use of expedited services by persons who wish to renew the certificates immediately and in person.
Under current law, DNR provides supplemental aid for the maintenance and grooming of state and county snowmobile trails if the actual cost of maintenance or grooming exceeds the amount determined under the trail aids formula, which sets a maximum amount per mile of trail. Currently, this supplemental aid is funded by moneys transferred from the transportation fund to the conservation fund. The amount transferred annually equals 40% of the estimated amount of excise tax paid on gasoline by operators of snowmobiles registered in this state.
This bill provides additional funding for these supplemental trail aids from the fees charged by DNR for snowmobile trail use stickers, which are required on most snowmobiles that are operated in this state but not registered in this state.
This bill provides funding for snowmobile enforcement and safety activities from moneys received by the state under Indian gaming compacts.
Other natural resources
This bill creates the natural resources land endowment fund, which is a nonlapsible trust fund consisting of gifts, grants and bequests made to the fund. Moneys in the fund may be used by DNR to preserve, develop, manage and maintain lands under the jurisdiction of DNR that are used for conservation or recreational purposes.
This bill authorizes DNR to pay rewards to individuals who provide information to DNR that leads to a finding by a court that a person has committed a violation of one of the statutes, administrative rules or ordinances enforced by DNR. The bill authorizes the natural resources board to evaluate reward claims and determine whether, and in what amount, a reward will be paid.
Under current law, DNR may acquire, develop and manage land for specific purposes such as state forests, state parks, state natural areas and hunting and shooting grounds. This bill authorizes DNR to designate, acquire, develop and manage land for the purpose of conserving the state's natural resources. DNR must designate such lands state natural resource areas. DNR may allow various resource management and recreational uses within the boundaries of the state natural resources areas.
Under current law, DNR administers four programs instructing persons in the safe use of snowmobiles, boats and all-terrain vehicles and in the safe use of firearms and bows for hunting. Each program has somewhat different provisions establishing or regulating the instruction fee charged for participation in the program and the portion of that fee that the instructor may keep to cover his or her expenses. This bill makes these provisions uniform. Under the bill, all of these fees are set by rule by DNR and the instructor may keep up to 50% of the fee. As under current law, the portion of the fees not kept by the instructors are remitted to DNR and are deposited in the conservation fund.
Under current law, the Minnesota-Wisconsin boundary area commission is a joint commission created by a compact entered into between Minnesota and Wisconsin. The commission addresses issues relating to land and water use along the boundary between the two states. This bill repeals the authorization for Wisconsin's representation on the commission and withdraws Wisconsin from the compact and the joint commission.
This bill annually transfers $2,000,000 in moneys received by the state under Indian gaming compacts to the conservation fund.
Under current law, DNR administers the stewardship program, under which funding is provided for various conservation purposes. This bill allows DNR to spend up to $500,000 from stewardship funds for the establishment and development of a state park that will provide access to Lake Michigan from the city of Milwaukee. Current law limits the use of some of the area to be included in the state park to only navigation and fishery purposes. This bill allows this area to also be used for public park purposes.
This bill appropriates federal moneys for the construction of pedestrian and bicycle facilities along Lake Michigan in the city of Milwaukee.
Currently, DNR's administrative rules establish water quality standards for wetlands. Activities that are carried out by DOT in connection with highway and bridge construction and maintenance are exempt from these rules if the activities comply with certain interdepartmental procedures established by DNR and DOT for minimizing the adverse environmental impact of the activities. This bill creates an additional exemption from these wetland water quality standards for activities that affect wetland areas if the wetland area that will be affected is less than 15 acres, the activity is in a city in Trempealeau County and the city adopts a resolution stating that the exemption is necessary to protect jobs or promote the creating of jobs in the city. The bill also prohibits DNR from reviewing and disapproving an amendment to a city or county shoreland or floodplain zoning ordinance if the amendment affects this exempt activity.
Currently, DNR requires that certain persons provide performance bonds or other surety when entering into a timber sale contract to cut or remove timber products from state forest lands. This bill appropriates to DNR all the money it receives from such a surety for any costs incurred to repair or otherwise remedy any damage caused by the person while performing under the contract.
Under current law, DNR awards grants for fire-fighting equipment to cities, villages, towns, counties and fire-fighting organizations. The grant recipient must agree to assist DNR in fighting forest fires when requested to do so by DNR. This bill eliminates the current sunset for the program of June 30, 1999.
Occupational regulation
This bill changes the fees that the department of regulation and licensing (DORL) charges for all initial and renewal credentials of the occupations and businesses that DORL regulates except for renewal credentials for aesthetics schools, barbering or cosmetology schools, cemetery authorities, cemetery preneed sellers, cemetery salespersons, charitable organizations, electrology instructors, electrology schools and manicuring schools.
This bill requires DORL to prepare proposed legislation that establishes a process for annually evaluating the necessity of at least 25% of the credentialing boards in DORL and eliminating those that are unnecessary. The proposed legislation must also establish four-year credentials instead of two-year credentials under current law.
This bill requires DORL to promulgate rules that establish additional fees that an applicant must pay if the applicant requests DORL to process an initial application for a credential or a renewal application on an expedited basis.
Under current law, DORL may, under certain circumstances, cancel a credential if the credential holder pays an initial or renewal credential fee with a check that is not paid by the bank upon which the check is drawn. This bill allows DORL to cancel a credential under the same circumstances for payment by a credit or debit card.
Under current law, a cemetery authority that sells or solicits the sale of ten or more cemetery lots or mausoleum spaces during one calendar year and who compensates any other person for selling or soliciting the sale of the cemetery lots or mausoleum spaces must register with DORL. Under this bill, such a registration is required if a cemetery authority sells ten or more cemetery lots or mausoleum spaces during one calendar year, regardless of whether compensation is paid. In addition, a cemetery authority that solicits a sale of ten or more lots or spaces, but does not sell ten or more lots or spaces, is not required to register. The bill also specifies that a cemetery authority must file a separate registration with DORL for each cemetery at which it sells ten or more cemetery lots or mausoleum spaces in a calendar year.
Also under current law, an individual who sells or solicits the sale of ten or more cemetery lots or mausoleum spaces in a calendar year must register with DORL as a cemetery salesperson. This bill specifies that this registration requirement applies to any person, such as a business entity, in addition to an individual, that sells or solicits the sale of ten or more cemetery lots or mausoleum spaces in a calendar year.
Finally, under current law, a person that is registered as a cemetery salesperson is required to comply with certain other requirements, including requirements regarding trust accounts and disciplinary proceedings, that also apply to real estate salespersons licensed by DORL. Under this bill, a person that is registered as a cemetery salesperson is not required to comply with these other requirements.
Under current law, an employe of an audiologist or speech-language pathologist who assists the audiologist or speech-language pathologist is exempt from audiologist or speech-language pathologist licensure requirements. This bill expands this exemption to cover any individual, not just an employe, who provides assistance to an audiologist or speech-language pathologist.
Retirement and group insurance
Under current law, a participating employe in the Wisconsin retirement system (WRS) may purchase any creditable service that he or she may have forfeited in the past. To reestablish the creditable service, the participating employe must submit an application to the department of employe trust funds (DETF) for all of the creditable service that he or she forfeited and pay a lump sum that equals the employe's statutorily required contributions on his or her earnings for each year of creditable service.
This bill permits a participating employe to submit more than one application to purchase forfeited WRS creditable service and allows the participating employe to purchase all or part of the creditable service that he or she forfeited in the past.
Under current law, a participant in WRS may elect to receive a social security integrated annuity. A social security integrated annuity allows a participant to receive a higher WRS annuity before the age of 62 than he or she would ordinarily receive. When the participant begins to receive social security payments at the age of 62, the WRS annuity is reduced to an amount that is less than he or she would ordinarily receive. The amount of the accelerated WRS monthly annuity received by the participant before he or she attains the age of 62 equals the sum of the WRS monthly annuity and the social security monthly annuity received by the participant after he or she attains the age of 62. Under current law, however, if the participant dies before the age of 62, the death benefit is based on the reduced WRS benefit.
Under this bill, if the participant dies before the age of 62, the death benefit is computed as if the person died in the month in which the annuitant would have attained age 62. Thus, the death benefit paid will include the higher WRS annuity of a participant who was receiving a social security integrated annuity.
Under current law, with certain exceptions, if a state employe terminates employment in a position that is covered under WRS and has attained the minimum age to begin receiving a retirement benefit, or if a state employe is laid off, the employe's accumulated unused sick leave may be converted to credits for the payment of health insurance premiums during the employe's retirement or period of layoff.
This bill provides that, for most state employes, the credits may be used only to purchase health insurance under a plan contracted or provided by the group insurance board. However, for judges and district attorneys who became state employes in 1978 and 1990, respectively, and who elected to keep their county health insurance coverage, the credits may also be used to purchase health insurance provided by a county.
In addition, the bill authorizes the secretary of employe trust funds to promulgate rules permitting all state employes to use the credits for the purchase of additional health insurance, but only if the use of the credits to purchase the insurance will not result in the credits being treated as income under the Internal Revenue Code.
Under current law, DETF may not credit interest to moneys paid in error to DETF or to moneys paid to DETF by participants or employers that exceed Internal Revenue Code limits on contributions to a qualified governmental plan, such as WRS. This bill provides that DETF may credit interest on these moneys at a rate established by rule.
In addition, under current law, in the event DETF makes certain annuity underpayments that are not corrected within 12 months, DETF must pay interest on the amount of the underpayment at a rate of 0.4% for each full month during which the underpayment occurred. This bill provides that DETF must pay interest on the amount of the underpayment at a rate established by rule and eliminates the requirement that the underpayment not have been corrected within 12 months.
state government
District attorneys
Under current law, the state pays the salaries of and various benefits for district attorneys, deputy district attorneys and assistant district attorneys. This bill provides that two assistant district attorney positions (one each in Brown and Milwaukee counties) must be used exclusively to file and prosecute sexually violent person commitment petitions anywhere in this state.
State employment
Under current law, with certain exceptions, positions in state government may only be authorized by law, by the legislature in budget determinations, by the joint committee on finance (JCF) and by the governor for certain positions funded from federal revenues. This bill authorizes the board of regents of the University of Wisconsin (UW) System to increase its authorized full-time equivalent positions that are funded, in whole or in part, with general purpose revenue by not more than 1% above the level authorized for the board. Under the bill, the board of regents must submit a proposal to the secretaries of administration and employment relations, together with its methodology for accounting for the cost of funding these positions. If the secretaries of administration and employment relations jointly approve the proposal, the positions are authorized.
Under current law, no individual, other than a state elective official, who is employed in a full-time position or capacity with any state agency or authority may hold any other position or be retained in any other capacity with any state agency or authority from which the individual receives more than $12,000 during the same year. This bill exempts any member of the faculty or academic staff, other than a state elective official, who has a full-time appointment at an institution within the UW System and who holds any other position or is retained in any other capacity by a different institution within the UW System from the $12,000 compensation restriction.
State finance
Under current law, the state may issue revenue obligations for certain specified purposes. In general, a revenue obligation is an obligation that is: 1) incurred to purchase, acquire, lease, construct, improve, operate or manage a revenue-producing enterprise; and 2) repayable solely from, and secured solely by, the property or income from the revenue-producing enterprise. This bill allows revenue bonding in situations that are not allowed under current law. The bill creates two types of revenue obligations. The first type, called an enterprise obligation, includes all obligations authorized under current law but is broader in that it eliminates the requirement that the bond be repayable solely from, and be solely secured by, property or income from the revenue-producing enterprise.
The second type of revenue obligation, a special fund obligation, is an undertaking by the state to repay a certain amount of borrowed money that is payable from a special fund consisting of fees, penalties or excise taxes. The bill authorizes not more than $450,000,000 of this second type of revenue obligation bonding for the PECFA program. These revenue obligations are to be repaid from, and are secured by, the petroleum inspection fund. The bill expresses the legislature's expectation and aspiration that, if the legislature reduces the rate of the petroleum inspection fee and the fees in the fund prove insufficient to pay the principal and interest on the revenue obligations, the legislature will make an appropriation from the general fund sufficient to pay the principal and interest on the obligations.
