Natural resources
Wild animals and plants
This bill authorizes DNR to issue elk hunting licenses to residents and
nonresidents and otherwise to regulate the hunting of elk in this state. The bill
allows DNR to make available only to state residents up to 99% of all the elk hunting
licenses available in each year. The bill authorizes DNR to select at random who will
be issued these licenses if the number of applicants exceeds the number of licenses
available. Under the bill, a person must have completed an elk hunter education
course in this state or another state or province to be eligible for a license. The bill
requires DNR to establish an elk hunter education course.
A person may be issued a license only once in his or her lifetime, and the license
may be used in only one elk hunting season. The license authorizes the hunting of
elk with bows and arrows, as well as with firearms, unless the licensee is eligible for
a crossbow permit under current law due to physical disabilities.
The bill specifically bans the keeping of elk on game farms, on deer farms, and
in wildlife exhibits.
This bill authorizes DNR to establish a program to protect aquatic plants that
are native to this state and to regulate the introduction, cultivation, and control
(management) of aquatic plants. The bill defines controlling aquatic plants to mean
cutting, removing, destroying, or suppressing aquatic plants.
Under current law, the only specific authority DNR has regarding aquatic plant
management is the authority to develop a statewide program to control purple
loosestrife. Under the new program, the types of aquatic plants that will be
regulated include Eurasian water milfoil, curly leaf pondweed, and purple
loosestrife. Under the program, with certain exceptions, DNR must issue aquatic
plant management permits and promulgate rules to regulate the conditions under
which aquatic plants may be managed. The bill prohibits any person who does not
have such a permit from cultivating or introducing aquatic plants that are not native
to this state, from manually removing any type of aquatic plant from navigable
waters, and from controlling any type of aquatic plants by the use of chemicals. The
bill repeals the current law that makes the failure to remove cut aquatic weeds from
a navigable water a nuisance.
Under current law, DNR issues various hunting, trapping, and fishing licenses
and permits. Those licenses and permits must contain certain information including
the name and address of the holder. The agent that issues the licenses and permits
must also sign them. Current law also specifies that DNR may require any stamp
that it issues to bear the signature of the holder of the stamp. This bill eliminates
the requirement that hunting, trapping, and fishing licenses and permits be signed
by the issuing agent and that stamps bear the signature of the holder.
Under current law, DNR administers a program under which counties receive
reimbursement for accepting deer carcasses, having them processed into venison,
and then donating the venison to charitable organizations. To participate, a county
must participate in the administration of the wildlife damage abatement and claim
programs. These three programs are funded from the wildlife damage surcharge
that DNR collects with certain hunting license fees. Current law requires that, from
the wildlife surcharge moneys, DNR make the payments under the venison
processing program after it has made the payments required under the wildlife
damage abatement and claim programs.
This bill provides funding for the venison processing program by establishing
a voluntary contribution of at least $1 that a person may pay when being issued a
hunting license. Under the bill, DNR makes payments under the venison processing
program from these contributed moneys. If the contributed moneys are not
adequate, DNR will also use wildlife damage surcharge moneys for payments for
processing venison from deer killed in special seasons established to control the deer
population.
The bill authorizes DNR to establish a master hunter education program to
provide instruction on such topics as wildlife damage and the responsibilities of
hunters to landowners. Completion of this program is not a requirement for the
issuance of any hunting license or permit.
The bill uses Indian gaming receipts for the costs of managing the state's deer
population.
Under current law, certain natural bodies of water may be used as fish farms
or as parts of fish farms. This bill specifies when a fish farm operator may use water
from a natural body of water that is not part of a fish farm. The water must be
transferred directly to the fish farm and back to the same body of water after use and
the transfer must be done by ditches or certain types of equipment. The ditches and
equipment must have barriers that prevent the passage of fish.
Navigable waters
Under current law, the Fox River management commission (river commission),
is authorized to enter into agreements with the federal government to operate and
manage the Fox River navigational system (navigational system), which includes
locks, harbors, and other facilities related to navigation that are on or near the Fox
River. Under current law, a second commission, the Fox-Winnebago regional
management commission (Fox-Winnebago commission), will replace the river
commission when the state receives federal funding for the restoration and repair of
the navigational system. The duties and powers of these two commissions are
similar; however, these two commissions differ in that the river commission is a state
agency attached to DNR and the Fox-Winnebago commission is a regional
commission with ten of its thirteen members representing the five counties in which
the navigational system is located and the remaining three members being
appointed by the governor.
This bill replaces both of these commissions with the Fox River Navigational
System Authority (authority). The authority is not a state agency. The board of
directors of the authority consists of six members appointed by the governor and the
secretary of natural resources, the secretary of transportation, and the director of the
state historical society, or their designees.
The bill requires the authority to take over the rehabilitation, repair,
replacement, operation, and maintenance of the navigational system after the
transfer of the navigational system from the federal government to the state. Once
the navigational system is transferred to the state, the state in turn will enter into
a lease with the authority to transfer the navigational system to the authority.
For the rehabilitation and repair of the navigational system, the federal
government will provide federal funding to the authority in an amount that matches
the amount of funding provided by the state to the authority. The state funding will
come from the recreational boating aids program that DNR administers.
In order to receive the state funding, the authority must contract with one or
more nonprofit corporations to provide marketing and fund-raising services. The
funds raised by these corporations will provide the matching amounts for the state
funding and will also be used for the rehabilitation and repair of the navigational
system.
The bill requires DNR to set aside from the recreational boating aids program
for the navigational system $400,000 in each fiscal year for seven fiscal years and
requires DNR to release the set-aside funding on an annual basis in amounts to
match the amounts raised by the nonprofit corporations. The authority may not
issue bonds to raise funding for the navigational system.
In addition to providing fund-raising services for the authority, the nonprofit
corporations must invest the funding received by the authority for the rehabilitation
and repair of the navigational system. These nonprofit corporations must be based
in one or more of the counties in which the navigational system is located.
The bill requires that the authority submit a management plan to DOA that
addresses the costs and funding for the rehabilitation, repair, replacement,
operation, and maintenance of the navigational system and describes how the
authority will manage its funds to ensure that there are sufficient funds available
to abandon the navigational system if its operation is no longer feasible. If the
operation of the navigational system does become infeasible, the authority must
submit a plan for its abandonment. Before abandoning the navigational system,
DOA and DNR must determine that the abandonment plan will preserve the public
rights in the Fox River and will ensure safety.
Under current law, a person may not have a boat, a boat trailer, or boating
equipment in the lower St. Croix River if the person has reason to believe that the
boat, equipment, or trailer has zebra mussels attached. This bill provides that a
person may not place these items in any navigable water if the person has reason to
believe that there is any type of aquatic plant other than wild rice attached to the
boat, trailer, or equipment.
Under current law, DNR administers two grant programs to address water
quality problems in lakes. Under the first program, DNR awards grants for planning
projects to provide information on the use of lakes and their ecosystems and on the
quality of water in lakes. These grants are for 75% of the project's costs up to $10,000
per project. Under the second program, DNR awards grants for management
projects that will improve or protect the quality of water in lakes or in their
ecosystems. Nonprofit conservation organizations, most units of local government,
and lake associations that meet certain requirements (qualified lake associations)
are eligible for grants under these programs.
This bill makes the following changes to the first program:
1. It increases the $10,000 cap per project to $25,000 for certain lake
associations that qualify as "premier" lake associations. To be a premier lake
association, the lake association must meet all of the requirements of a qualified lake
association and must meet certain additional requirements.
2. It allows certain school districts to be eligible for a grant.
3. It changes the annual membership fee requirements for lake associations
that are eligible for these grants.
4. It expands the types of activities that are eligible for a grant.
Under the second program, current law allows a grant recipient to use the grant
to restore a wetland if the restoration will improve a lake's water quality or
ecosystem. This bill expands this provision to allow a grant recipient to use the grant
to restore shoreline habitat. The bill also requires that DNR give higher priority to
premier lake associations in awarding grants under the second program.
Under current law, DNR, with approval from the Wisconsin waterways
commission, administers a financial assistance program for expenses relating to
construction and maintenance of recreational boating facilities, locks, or other
facilities that provide access between waterways. Among the projects that qualify
for funds under the program is a project for the dredging of a channel in a waterway
to the degree that is necessary to accommodate recreational watercraft, if the project
is for an inland water. This bill eliminates the requirement that such a project must
be for an inland water before it may qualify to receive recreational boating aid
funding.
Under current law, a person who wants to conduct an activity that would create,
enlarge, or otherwise affect certain waterways must have a permit issued by DNR.
Certain activities, including the agricultural use of land, are exempt from this permit
requirement. This bill specifically includes aquaculture as an agricultural use for
purposes of this exemption.
Under current law, a person who wants to divert water from a stream for
agricultural use must have a permit issued by DNR. This bill specifically includes
aquaculture as an agricultural use for purposes of this requirement.
Under current law, DNR administers a dam safety program that is funded by
state bonding and that provides matching grants to municipalities and public inland
lake protection and rehabilitation districts for the purpose of conducting dam safety
projects that DNR has determined necessary. Under this bill, DNR must provide up
to $250,000 in funding from this program to the village of Cazenovia for the repair
of a dam located in the village.
Recreation
This bill increases most annual vehicle admission fees that DNR collects for the
entry of vehicles to state parks and other recreational areas under the jurisdiction
of DNR. The bill also increases the daily vehicle admission fee for the entry of
vehicles that have registration plates from another state.
Under current law, DNR administers a registration program for snowmobiles.
This bill requires that $15 of each fee collected for a snowmobile trail use sticker be
used to provide supplemental funding for the maintenance of snowmobile trails. A
trail use sticker issued by DNR is required on all snowmobiles that are operated but
not registered in this state. Supplemental funding is available for maintenance of
trails if the actual cost of maintenance exceeds the amount determined under the
trail aids formula, which sets a maximum amount per mile of trail. The bill increases
the fee for a trail use sticker. The bill also raises the general registration fee for
snowmobiles and the registration fees paid by snowmobile manufacturers and
dealers.
Under current law, DNR administers the registration system for all-terrain
vehicles (ATVs), boats, and snowmobiles. Current law authorizes DNR to appoint
agents who are not employed by DNR to issue ATV and snowmobile registration
certificates and certificates of number and registration certificates for boats. Also
under current law, DNR may establish an expedited service for renewals of these
registration documents, which may be provided by the agents or by DNR directly.
Current law imposes issuing fees when the documents are issued by agents and
authorizes an expedited service fee when the expedited service is provided by DNR
or agents. The agents keep a portion of these fees.
This bill changes the expedited service system by authorizing the
establishment of a noncomputerized procedure and a computerized procedure for
issuing original and duplicate registration documents and for transferring and
renewing these documents. Under either procedure, DNR or the agents issue
adequate documentation so that the registrant is able to immediately operate the
ATV, boat, or snowmobile in compliance with the applicable registration laws. Under
both systems, DNR and the agents collect an expedited service fee of $3 from the
registrant. Agents using the noncomputerized system retain the entire fee while
agents using the computerized system send $1 of each $3 fee to DNR. Under the bill,
DNR may continue to provide a registration service that does not use any expedited
service procedure and for which no expedited service or issuing fee is charged.
Other natural resources
Under current law, drainage boards operate one or more drainage districts.
DATCP assists drainage boards and oversees their activities. A city, village, or town
(municipality) may assume jurisdiction to operate a drainage district from a
drainage board in certain instances. However, once a drainage district is under
municipal jurisdiction, it is subject to the drainage laws of that municipality and is
exempt from state drainage law.
DNR regulates construction in navigable waters. Generally, DNR determines
whether a body of water such as a stream is navigable. Current law, however,
provides an exemption for a drainage district drain that is located in the Duck Creek
Drainage District. Under the exemption, the drain is not considered navigable
unless a U.S. geological survey map or other scientific evidence shows that the drain
was a navigable stream before it became a drainage district drain. This bill extends
this exemption to any other drainage district drain if the drain is used primarily for
agricultural purposes.
Current law generally provides that a person wishing to deposit any material
or to place any structure upon the bed of any navigable water must obtain a permit
from DNR. Current law provides an exemption to this requirement for the Duck
Creek Drainage District under which the drainage board for that district may place
a structure or deposit in a drain if DATCP, after consulting with DNR, specifically
approves the structure or deposit or if the structure or deposit is required by DATCP
in order to conform the drain to specifications approved by DATCP in consultation
with DNR. This bill extends this exemption to any other structure or deposit to be
placed in a drainage district drain if the structure or deposit is used primarily for
agricultural purposes.
Current law also provides that, with certain exceptions, a person wishing to
remove material from the bed of a lake or stream must obtain a permit from DNR.
Under one of the exemptions, the drainage board for the Duck Creek Drainage
District may remove material from a drain that the board operates if the removal is
required by DATCP in order to conform the drain to specifications imposed by
DATCP in consultation with DNR. This bill extends this exemption to all other
drainage district drains if the removal of the material is necessary primarily for
agricultural purposes.
In addition to the current law requirements for obtaining permits to place a
structure or deposit in navigable waters or to remove material from the bed of a lake
or stream, current law requires that a drainage board obtain a separate permit from
DNR to acquire and remove any dam or obstruction or to clean out, widen, deepen,
or straighten any navigable stream. Under current law, only the Duck Creek
Drainage District is exempt from this permitting requirement. This bill eliminates
the permitting requirement for all drainage districts operated by drainage boards.
Current law grants the state bonding authority to acquire and develop land for
various conservation purposes under two stewardship programs, one that began in
1990 and one that began on July 1, 2000. These programs are administered by DNR.
Under the program that began in 1990, the state is prohibited from using
stewardship bonding to provide money to counties, local units of government, or
political subdivisions so that they may acquire land by condemnation or may develop
land that has been acquired by condemnation. Under current law, the program that
began on July 1, 2000, does not include this prohibition. This bill applies the
prohibition to this program.
Under current law, with certain exceptions, DNR may not use stewardship
bonding under the program that began on July 1, 2000, for a project or activity that
exceeds $250,000 in cost unless it first notifies JCF of the proposal. This bill provides
that DNR need not give notice to JCF unless the amount for the project or activity
exceeds $500,000.
Under current law, DNR awards grants to cities and villages for up to 50% of
the cost of various tree projects, including tree disease evaluations and public
education concerning trees in urban areas. This bill expands the grant program to
authorize DNR to also award grants to counties, towns, and nonprofit organizations.
Under current law, DNR may award grants for up to 50% of the cost of acquiring
certain clothing, supplies, equipment, and vehicles used for fire suppression
purposes. This bill provides that the grants may also include awards for 50% of the
cost of acquiring fire prevention materials and of the cost of training fire fighters in
forest fire suppression techniques.
Occupational regulation
This bill increases the fees for initial and renewal credentials for each of the
occupations and businesses that DORL regulates except for renewal credentials for
aesthetics schools, barbering or cosmetology schools and instructors, cemetery
authorities, cemetery preneed sellers, cemetery salespersons, charitable
organizations, electrology instructors, electrology schools, and manicuring schools.
Under current law, with certain exceptions, a person may not act as a private
security person unless he or she is issued a private security permit by DORL. A
"private security person" is defined as a private police, guard, or other person who
stands watch for security purposes. To qualify for a private security permit, a person
must satisfy certain requirements, including being employed by a private detective
agency that is licensed by DORL and that does both of the following: 1) supplies
uniformed private security personnel that patrol exclusively on private property;
and 2) provides an up-to-date written record of its employees to DORL.
Also under current law, an individual who applies for a private security permit
is eligible for a temporary private security permit that allows the person to engage
in private security activities while DORL considers the application. A temporary
private security permit is valid for no more than 30 days. This bill increases the
duration of a temporary private security permit to no more than 60 days. The bill
also clarifies that an applicant for a temporary private security permit is subject to
the requirements under current law that an applicant for a credential issued by
DORL or a board in DORL reimburse DORL for the cost of investigating the
applicant and pay a fee for the temporary permit.
The bill also creates a private security agency license and allows a person to
qualify for a private security permit by being employed by either a licensed private
detective agency or a private licensed security agency that does both of the following:
1) supplies uniformed private security personnel that patrol exclusively on private
property; and 2) provides an up-to-date written record of its employees to DORL.
Under the bill, DORL may issue a private security agency license to an
individual, partnership, limited liability company, or corporation that does both of
the following: 1) satisfies any qualification requirements established by DORL by
rule; and 2) executes and files a bond or liability policy with DORL in an amount
established by DORL by rule. In addition, if the applicant is an individual, he or she
must be over 18 years of age and may not have been convicted of a felony for which
he or she has not been pardoned. A private security agency license is renewable
every two years upon payment of a $20 renewal fee.
The bill prohibits a person from advertising, soliciting, or engaging in the
business of a private security agency unless the person is issued a private security
agency license under the bill. The bill allows DORL to revoke, suspend, or limit a
private security agency license if the licensee: 1) is convicted of a misdemeanor or
violates a state or local law punishable by a forfeiture (civil monetary penalty) if the
circumstances of the conviction or violation are substantially related to acting as a
private security agency; 2) is convicted of a felony and is not pardoned for that felony;
3) makes a false statement in connection with an application for the license; or 4)
engages in conduct reflecting adversely on the person's professional qualification.
Under current law, a person who has been granted a funeral director's license
by the funeral directors examining board (board) must apply to renew the license
every two years. The application must include proof that the applicant has
completed certain continuing education requirements and is doing business at a
recognized funeral establishment. However, if a person is not doing business at a
recognized funeral establishment, he or she may be granted a certificate in good
standing as a funeral director by the board. A person who has been granted such a
certificate may renew his or her license at any time during the subsequent two-year
licensure period if he or she is able to submit proof that he or she is doing business
at a recognized funeral establishment.
This bill eliminates certificates in good standing as a funeral director but
provides for a 12-month transitional period during which the board is required to
restore the funeral director licenses of certain persons who hold valid certificates in
good standing under current law. If a person holds a valid certificate that was
granted for a license that was granted or last renewed before July 1, 1995, the board
must restore his or her license if he or she demonstrates competence as a funeral
director by a method satisfactory to the board, including by passing a written or oral
examination or providing specified documentation to the board. If the board requires
an examination, it may not be more stringent than the examination that is required
for persons with licenses granted by other jurisdictions who apply for a reciprocal
license from the board. In addition, the person must submit proof that he or she has
completed at least 15 hours of continuing education during the past two years.
Under this bill, if a person holds a valid certificate that was granted for a license
that was granted or last renewed on or after July 1, 1995, the board must restore his
or her license if he or she submits proof that he or she has completed at least 15 hours
of continuing education during the past two years. The bill specifies that no fee may
be charged to a person who applies for restoration of a license under the bill or who
takes an examination that is required for restoration of a license under the bill.
Under current law, an applicant for a credential issued by DORL or a board in
DORL may be required to take an examination. If an examination is required, the
applicant must pay an examination fee to DORL. The fee must be an amount equal
to DORL's best estimate of the actual cost of preparing, administering, or grading the
examination or obtaining and administering an approved examination from a test
service.
Under this bill, if DORL prepares, administers, or grades the examination, the
fee must be equal to DORL's best estimate of the actual cost of preparing,
administering, or grading the examination. If DORL approves an examination
prepared, administered, and graded by a test service provider, the fee must be equal
to DORL's best estimate of the actual cost of approving the examination, including
selecting, evaluating, and reviewing the examination.
Under current law, DORL is required to mail a notice of credential renewal to
each holder of a credential issued by DORL or a board in DORL at least 30 days prior
to the renewal date for the credential. The notice must be mailed to the last address
provided to DORL by the credential holder. Under this bill, DORL may either mail
the notice of credential renewal as required under current law or give the notice to
the credential holder by electronic transmission.
retirement and group insurance
This bill creates a qualified transportation fringe benefit plan for state
employees, administered by DETF. This plan is authorized under the federal
Internal Revenue Code (IRC) and permits employees to set aside pre-tax income to
pay eligible transportation expenses before taxes are computed. Three types of
eligible transportation expenses are covered: parking expenses incurred at or near
an employer's premises; expenses incurred to pay for an employee's use of mass
transportation; and expenses incurred by an employee in paying his or her share of
the cost of using a van pool.
