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.
Under current law, the group insurance board may not enter into an agreement
to modify or expand group insurance coverage in a manner that materially affects
the level of insurance premiums required to be paid by the state or its employees or
the level of benefits. This bill authorizes the group insurance board to enter into such
an agreement if the modification or expansion would reduce the cost incurred by the
state in providing group health insurance to state employees.
This bill authorizes the secretary of employee trust funds (secretary) to settle
any dispute in an appeal of a determination made by DETF that is subject to review
by the employee trust funds board, the group insurance board, the teachers
retirement board, the Wisconsin retirement board, and the deferred compensation
board. In deciding whether to resolve such a dispute, the secretary must consider
the cost of litigation, the likelihood of success on the merits, the cost of delay in
resolving the dispute, the actuarial impact on the public employee trust fund, and
any other relevant factor the secretary considers appropriate.
In addition, the bill authorizes the secretary, if the secretary determines that
an otherwise eligible participant has unintentionally forfeited or otherwise
involuntarily ceased to be eligible for any benefit administered by DETF because of
an error in administration by DETF, to order the correction of the error to prevent
inequity.
state government
Justice
Currently, DOJ is required to provide legal services to DATCP for enforcement
of the laws related to consumer protection. DOJ may commence an action to restrain
by temporary or permanent injunction the violation of marketing and trade
practices, including fraudulent representations, negative sales of
telecommunication services, or unfair retailing of merchandise. This bill removes
the authority of DOJ to enforce the laws relating to consumer protection and places
that authority with DATCP or the district attorney. The bill permits DATCP to
request DOJ to provide legal services to DATCP relating to consumer protection.
This bill increases from $8 to $12 the fee that DOJ charges a firearms dealer
for each firearms restrictions record search requested by the dealer.
With certain exceptions, current law requires that a person pay a penalty
assessment if ordered by a court to pay a fine or forfeiture for violating a state law
or local ordinance. The penalty assessment amount is 23% of the amount of the fine
or forfeiture (civil monetary penalty). Twenty-seven fifty-fifths of the revenue
collected under the assessment is appropriated to DOJ to fund training of law
enforcement, jail, and secure detention officers, and to fund the purchase of
equipment for the state crime laboratories. The remaining twenty-eight fifty-fifths
of the revenue collected under the penalty assessment is appropriated to the office
of justice assistance (OJA) to fund an assortment of criminal justice and law
enforcement programs.
This bill decreases the penalty assessment to 13% of the amount of a fine or
forfeiture. The revenue collected under the penalty assessment is appropriated to
OJA to fund the programs that OJA currently funds with the twenty-eight
fifty-fifths portion of the 23% penalty assessment.
The bill creates a law enforcement training fund assessment that is separate
from the penalty assessment. The law enforcement training fund assessment is an
11% surcharge on fines and forfeitures ordered for a violation of most state laws or
local ordinances. The bill appropriates the revenue collected under the law
enforcement training fund assessment to DOJ to fund the law enforcement, jail, and
secure detention officer training, and the purchase of equipment for the crime
laboratories that is currently funded by the twenty-seven fifty-fifths portion of the
penalty assessment revenue appropriated to DOJ.
Under current law, DOJ administers a grant program to fund cooperative
county-tribal law enforcement programs in counties that have Indian reservations
within their boundaries. OJA administers a similar grant program to fund county
law enforcement programs that are not supported by the DOJ grant program in
counties that border Indian reservations. Each program is funded from Indian
gaming receipts.
This bill moves administration of the DOJ cooperative county-tribal law
enforcement grant program to DOA and consolidates it with the OJA grant program
for counties bordering Indian reservations. The consolidated grant program
provides funding for law enforcement services to counties that have an Indian
reservation within their boundaries or that border an Indian reservation.
State employment
Under current law, appointments and promotions to positions in the state
classified civil service must be made according to merit and fitness. When vacancies
occur in such positions, the administrator of the division of merit recruitment and
selection in DER must certify names that may be considered for appointment to the
position. This bill authorizes the administrator, with the approval of the secretary
of employment relations, to establish pilot programs for the recruitment of
individuals to fill vacant positions in the classified service. Under the bill, the pilot
programs, which may not be in effect for more than one year, are exempt from all
recruitment and certification requirements under current law, except that
appointments and promotions to positions must be made according to the applicant's
merit and fitness for the position.
Currently, any legislator who establishes a temporary residence in Madison for
the period of any regular or special legislative session may receive an allowance for
expenses incurred for food and lodging for each day that he or she is in Madison on
legislative business. The amount of the allowance is recommended by the secretary
of employment relations and incorporated into the state compensation plan and
must be approved by the joint committee on employment relations.
This bill provides that the allowance is 90% of the per diem rate for travel for
federal government business within the city of Madison, as established by the federal
general services administration. Under the bill, the amount is established before the
start of the biennial legislative session and remains in effect the entire biennial
session.
Under current law, appointing authorities in state agencies are prohibited from
appointing nonresidents to limited term appointments and to project positions in the
state civil service. This bill eliminates this prohibition.
State finance
This bill limits the aggregate amount of general purpose revenue (GPR) that
may be appropriated in any fiscal biennium. Under the bill, the limit is calculated
by first establishing a base year amount that equals the amount of GPR appropriated
in the second year of the prior fiscal biennium. For the new fiscal biennium, the base
year amount is increased by the annual percentage change in state aggregate
personal income for the calendar year that begins on the January 1 that precedes the
first year of the fiscal biennium. This amount is increased by the annual percentage
change in state aggregate personal income for the calendar year that begins on the
January 1 that precedes the second year of the fiscal biennium. The sum of these two
amounts is the aggregate amount of GPR that may be appropriated during the fiscal
biennium. Under the bill, DOA is required to make the determination of the amount
of GPR that may be appropriated for each fiscal biennium.
