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.
Currently, the investment board may contract with outside investment
advisers for the management of assets from any fund or trust under its control for
investment in real estate, mortgages, equities, debt of foreign corporations and debt
of foreign governments. No more than 15% of the total assets of the fixed retirement
investment trust or 15% of the total assets of the variable retirement investment
trust may be covered by such contracts. This bill increases the cap from 15% to 25%
of such funds.
Under current law, the investment board may establish a bonus compensation
plan for the executive director and other employes of the board who are appointed
in the unclassified service of the state. Under the plan, these employes may qualify
for an annual bonus for meritorious performance, which is required to be distributed
over a three-year period. Current law provides that the total amount of bonuses
awarded for any fiscal year may not exceed a total of 10% of the total annualized
salaries of all unclassified employes of the board. In addition, no bonus awarded to
an individual employe for any fiscal year may exceed a total of 25% of the annual
salary of the employe. In awarding bonus compensation for a given period, the board
must consider the performance of funds similar to those for which it has managing
authority and market indices for the same period.
This bill authorizes the investment board to create two different bonus
compensation plans for two different groups of employes. The first plan provides
bonus compensation for the executive director, internal auditor, unclassified
employes appointed by the internal auditor and other unclassified employes of the
board who are not investment professionals, as determined by the secretary of
administration. This plan is identical to the bonus compensation plan under current
law except that the total amount of bonuses awarded for any fiscal year may not
exceed a total of 10% of the total annualized salaries of these employes as compared
to all unclassified employes of the board.
The second plan provides bonus compensation for unclassified employes of the
investment board who are investment professionals, as determined by the secretary
of administration. The plan provides that the total amount of bonuses awarded for
any fiscal year may not exceed a total of 25% of the total annualized salaries of these
employes. In addition, the plan provides that no bonus awarded to an individual
employe for any fiscal year may exceed a total of 50% of the annual salary of the
employe. Under the plan, there is no requirement that the bonus compensation be
paid out over a three-year period.
Under current law, the investment board must make all purchases of materials,
supplies, equipment or services through the department of administration (DOA).
DOA may delegate authority to the board and other state agencies to make
purchases independently of DOA, but any agency to which DOA delegates
purchasing authority must adhere to all statutory requirements that would apply if
DOA made the purchases. In making purchases, DOA and the agencies to which
DOA delegates purchasing authority are required, subject to numerous exceptions,
to make purchases by solicitation of bids or competitive sealed proposals preceded
by public notice, and to adhere to other requirements.
