SB338: Bill Text

2011 - 2012 LEGISLATURE

2011 Senate BILL 338

December 15, 2011 - Introduced by Senators Galloway, Lassa, T. Cullen, Schultz, S. Coggs and Lasee, cosponsored by Representatives Wynn, Petryk, Spanbauer, Jacque, Tranel, Knilans, Berceau, Kaufert, Brooks, Marklein, Pridemore, Krug and Bewley. Referred to Committee on Economic Development and Veterans and Military Affairs.

SB338,2,5 An Act to renumber 101.19 (1) and 101.19 (3); to renumber and amend 440.05 (2); to amend 13.75 (1), 13.75 (1m), 13.75 (5), 48.615 (1) (a), 48.615 (1) (b), 48.625 (2) (a), 48.65 (3) (a), 49.45 (42) (c), 94.50 (2), 94.704 (3) (a) (intro.), 95.55 (3) (a), 95.60 (5), 97.17 (4), 97.175 (2), 97.22 (2) (b), 98.145 (2), 98.146 (2), 101.122 (5), 101.16 (3g) (a), 101.19 (2), 101.981 (1) (a), 101.985 (5) (a), 103.34 (13) (a), 103.91 (3), 103.92 (1) (a), 105.06 (2), 105.07 (1), 169.31 (1) (a) 1., 169.31 (1) (d), 169.31 (1) (e) 1., 170.12 (3) (g), 218.04 (3) (c), 218.12 (2) (a), 218.12 (2) (c), 218.12 (2) (d), 218.51 (3) (c), 224.725 (8), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176 (3) (e), 254.178 (2) (d), 254.20 (5) (a) (intro.), 254.71 (6) (a), 256.15 (5) (f), 280.15 (2m) (a), 280.15 (3g) (a), 281.17 (3), 285.51 (2) (d), 289.42 (1) (a) 4., 291.05 (7) (a), 299.51 (3) (c), 343.62 (3) (a) 1., 440.05 (intro.), 440.05 (1) (a), 440.44 (1) (b) 3., 446.02 (2) (c), 551.614 (2), 601.31 (1) (intro.), 628.04 (1) (a), 632.69 (2) (b), 633.14 (1) (a) and 938.22 (7) (b); to repeal and recreate 13.75 (1) and 13.75 (1m); and to create 29.563 (15), 45.44, 48.615 (1) (e), 48.625 (2) (c), 48.65 (3) (c), 94.10 (2) (cm), 94.10 (3) (cm), 94.10 (3g) (cm), 94.704 (3) (bm), 98.18 (1m), 101.19 (1r), 105.07 (3), 115.28 (7) (f), 125.65 (10), 169.31 (1m), 218.0114 (15) (c), 218.12 (2) (e), 254.20 (5) (c), 281.48 (4s) (e), 440.05 (2) (b), 601.31 (2m), 751.153 and 938.22 (7) (d) of the statutes; relating to: waiving fees for certain professional and occupational licenses issued to veterans.

Analysis by the Legislative Reference Bureau

Under current law, many state agencies and boards (licensing agencies) regulate certain professions and occupations by issuing licenses, permits, or other credentials (licenses). This bill requires that the Department of Veterans Affairs (DVA) establish and maintain a program under which licensing agencies grant fee waivers to certain qualified veterans when they issue initial licenses to these veterans. In order to be qualified for this waiver, the veteran has to be a resident and have been honorably discharged from the U.S. armed forces. A qualified veteran may receive the fee waiver only if he or she has not previously received a fee waiver for any type of license. The fee waiver applies only to professional or occupational licenses that are issued to individuals and not to licenses issued to businesses or other entities.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB338, s. 1 Section 1. 13.75 (1) of the statutes is amended to read:

SB338,2,9 13.75 (1) Obtaining a license under s. 13.63 (1) to act on behalf of one principal, $350, except that no fee is required for an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB338, s. 2 Section 2. 13.75 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 20L, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB338,2,14 13.75 (1) Obtaining a license under s. 13.63 (1) to act on behalf of one principal, $250, except that no fee is required for an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB338, s. 3 Section 3. 13.75 (1m) of the statutes is amended to read:

SB338,3,4 13.75 (1m) Obtaining a license under s. 13.63 (1) to act on behalf of 2 or more principals, $650, except that no fee is required for an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB338, s. 4 Section 4. 13.75 (1m) of the statutes, as affected by 2009 Wisconsin Act 28, section 20n, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB338,3,9 13.75 (1m) Obtaining a license under s. 13.63 (1) to act on behalf of 2 or more principals, $400, except that no fee is required for an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB338, s. 5 Section 5. 13.75 (5) of the statutes is amended to read:

SB338,3,14 13.75 (5) Registering an interest in a legislative proposal, proposed administrative rule, budget bill subject or other topic under 13.67 (2), $10, except that no fee is required for an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB338, s. 6 Section 6. 29.563 (15) of the statutes is created to read:

SB338,3,19 29.563 (15) Fee waiver for veterans. An individual who is eligible under the veterans fee waiver program for a fee waiver is not required to pay any fee, including any issuing fee, handling fee, or fee for any type of tag or additional boats, that is imposed under this section for any of the following:

SB338,3,20 (a) A license issued under s. 29.501.

SB338,3,21 (b) A wholesale fish dealer license issued under s. 29.503.

SB338,3,22 (c) A taxidermist permit issued under s. 29.506 (2).

SB338,3,23 (d) A bait dealer license issued under s. 29.509.

SB338,3,24 (e) A guide license issued under s. 29.512.

SB338,3,25 (f) A sport trolling license issued under s. 29.514.

SB338,4,1 (g) A commercial fishing license issued under s. 29.519.

SB338,4,2 (h) A net license issued under s. 29.523.

SB338,4,3 (i) A slat net license issued under s. 29.526.

SB338,4,4 (j) A trammel net license issued under s. 29.529.

SB338,4,5 (k) A set or bank pole license issued under s. 29.531.

SB338,4,6 (L) A setline license issued under s. 29.533.

SB338,4,7 (m) A clamming license or permit issued under s. 29.537.

SB338,4,8 (n) A fish farm permit issued under s. 29.733.

SB338,4,9 (o) A fish importation permit issued under s. 29.735.

SB338,4,10 (p) A fish stocking permit issued under s. 29.736.

SB338,4,11 (q) A wild rice dealer license issued under s. 29.607 (4) (b).

SB338,4,12 (r) A wild ginseng dealer license issued under s. 29.611 (7).

SB338, s. 7 Section 7. 45.44 of the statutes is created to read:

SB338,4,14 45.44 Veterans fee waiver program. (1) Definitions. In this section:

SB338,4,15 (a) "License" means any of the following for which a fee is required:

SB338,4,16 1. A license under s. 13.63 (1) or registration of an interest under s. 13.67 (2).

SB338,4,17 2. An approval specified in s. 29.563 (15).

SB338,4,20 3. A license issued to a child welfare agency, group home, child care center, or shelter care facility, as required under s. 48.615 (1), 48.625 (2), 48.65 (3), or 938.22 (7).

SB338,4,21 4. A certification issued under s. 49.45 (42).

SB338,4,23 5. A license, registration, or permit issued under s. 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175 (2), 97.22 (2), 98.145, 98.146, or 98.18 (1) (a).

SB338,4,24 6. A license, permit, certificate, or registration specified in s. 101.19 (1r).

SB338,5,2 7. A license, certificate, or registration issued under s. 103.34, 103.91, 103.92, 105.06, or 105.07.

SB338,5,4 8. A license, permit, or certificate issued by the department of public instruction.

SB338,5,5 9. A license issued under s. 125.65.

SB338,5,6 10. A license specified in s. 169.31 (1m).

SB338,5,7 11. A permit issued under 170.12.

SB338,5,9 12. A license provided for in s. 218.0114 (14) (e), (f), or (fm) or issued under s. 218.04, 218.11, or 343.62 or a buyer identification card issued under s. 218.51.

SB338,5,10 13. A license issued under s. 224.725.

SB338,5,12 14. A license, certification, certification card, or permit issued under s. 252.23, 252.24, 254.176, 254.178, 254.20, 254.71, and 256.15.

SB338,5,14 15. A license, registration, or certification issued under s. 280.15 (2m) or (3g), 281.17 (3), 281.48 (3), 285.51 (2), 289.42 (1), 291.23, or 299.51 (3) (c).

SB338,5,16 16. A license, permit, or certificate of certification or registration issued under chs. 440 to 480.

SB338,5,17 17. A license issued under s. 551.614.

SB338,5,18 18. A license, certificate, or permit issued under chs. 601 to 655.

SB338,5,19 19. A license to practice law or admission to the state bar.

SB338,6,2 (b) "Licensing agency" means the department of agriculture, trade and consumer protection; the department of children and families; the department of financial institutions, including any of its divisions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the department of transportation; the department of workforce development; the board of commissioners of public lands; the government accountability board; or the office of the commissioner of insurance.

SB338,6,10 (2) Program. The department of veterans affairs shall establish and maintain a program under which licensing agencies shall verify whether an applicant is eligible for a fee waiver for the issuance of a license. Before approving a fee waiver, the licensing agency, and the supreme court, if the supreme court agrees, shall request the department of veterans affairs to verify whether the applicant for the license is a eligible for a fee waiver. If the department or the supreme court verifies that the applicant for a license is eligible, the licensing agency or the supreme court shall waive the accompanying fee for the license.

SB338,6,14 (3) Eligibility. For the purpose of being eligible for a license fee waiver under the program established under sub. (2), an applicant shall not have received a previous fee waiver under the program for any type of license, and shall be all of the following:

SB338,6,15 1. An individual.

SB338,6,16 2. A resident of this state.

SB338,6,17 3. A veteran, as defined in s. 45.01 (12) (a) to (f).

SB338,6,23 (4) Information on program. The department of veterans affairs shall establish an Internet Web site informing the public of the fee waiver program and shall include a list of the approvals and the licensing agencies to contact to receive each approval. Each licensing agency shall also provide on their Internet Web site information regarding the fee waiver program and a list of the approvals that the licensing agency issues that are eligible for the approval.

SB338, s. 8 Section 8. 48.615 (1) (a) of the statutes is amended to read:

SB338,7,7 48.615 (1) (a) Before Except as provided in par. (e), before the department may issue a license under s. 48.60 (1) to a child welfare agency that regularly provides care and maintenance for children within the confines of a residential care center for children and youth operated by the child welfare agency, the child welfare agency must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the child welfare agency is licensed to serve.

SB338, s. 9 Section 9. 48.615 (1) (b) of the statutes is amended to read:

SB338,7,13 48.615 (1) (b) Before Except as provided in par. (e), before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed group homes, and in the homes of guardians under s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10.

SB338, s. 10 Section 10. 48.615 (1) (e) of the statutes is created to read:

SB338,7,17 48.615 (1) (e) An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay the fee under par. (a) or (b) for a license under s. 48.60 (1).

SB338, s. 11 Section 11. 48.625 (2) (a) of the statutes is amended to read:

SB338,7,25 48.625 (2) (a) Before Except as provided in par. (c), before the department may issue a license under sub. (1) to a group home, the group home must pay to the department a biennial fee of $121, plus a biennial fee of $18.15 per child, based on the number of children that the group home is licensed to serve. A group home that wishes to continue a license issued under sub. (1) shall pay the fee under this paragraph by the continuation date of the license. A new group home shall pay the fee under this paragraph no later than 30 days before the opening of the group home.

SB338, s. 12 Section 12. 48.625 (2) (c) of the statutes is created to read:

SB338,8,4 48.625 (2) (c) An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay the fee under par. (a) for a license under sub. (1).

SB338, s. 13 Section 13. 48.65 (3) (a) of the statutes is amended to read:

SB338,8,17 48.65 (3) (a) Before Except as provided in par. (c), before the department may issue a license under sub. (1) to a child care center that provides care and supervision for 4 to 8 children, the child care center must pay to the department a biennial fee of $60.50. Before Except as provided in par. (c), before the department may issue a license under sub. (1) to a child care center that provides care and supervision for 9 or more children, the child care center must pay to the department a biennial fee of $30.25, plus a biennial fee of $16.94 per child, based on the number of children that the child care center is licensed to serve. A child care center that wishes to continue a license issued under sub. (1) shall pay the applicable fee under this paragraph by the continuation date of the license. A new child care center shall pay the applicable fee under this paragraph no later than 30 days before the opening of the child care center.

SB338, s. 14 Section 14. 48.65 (3) (c) of the statutes is created to read:

SB338,8,21 48.65 (3) (c) An individual who is eligible for a fee waiver under the veterans fee waiver program under s. 45.44 is not required to pay a fee under par. (a) for a license under sub. (1).

SB338, s. 15 Section 15. 49.45 (42) (c) of the statutes is amended to read: