2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 615
March 22, 2018 - Offered by Representative Tusler.
1An Act to amend
59.69 (4m) (a), 62.23 (7) (em) 1., 281.36 (3b) (b), 281.36 (3m) 2
(a), 281.36 (3r) (a) 1. and 281.36 (3r) (a) 3.; and to create
20.625 (1) (h), 59.69 3
(4m) (bm), 62.23 (7) (em) 2m., 281.36 (1) (ae), 281.36 (1) (be), 281.36 (3t) (g), 4
281.36 (3w), 281.36 (4p), 758.20, 895.492 and 973.25 of the statutes; relating
5to: creating a procedure for granting certificates of qualification for
6employment for persons convicted of a crime, requirements for siting wetland
7mitigation, wetland mitigation banks, an exemption from wetland permitting
8requirements, local regulation of historic properties, requiring the exercise of
9rule-making authority, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.625 (1) (h) of the statutes is created to read:
(h) Certificates of qualification for employment.
All moneys received 12
under s. 973.25 (4) (a) for general program operations of the circuit courts.
59.69 (4m) (a) of the statutes is amended to read:
(a) Subject to par.
(b) and (bm)
, a county, as an exercise of its 3
zoning and police powers for the purpose of promoting the health, safety and general 4
welfare of the community and of the state, may regulate by ordinance any place, 5
structure or object with a special character, historic interest, aesthetic interest or 6
other significant value, for the purpose of preserving the place, structure or object 7
and its significant characteristics. Subject to pars. (b), (bm),
and (c), the county may 8
create a landmarks commission to designate historic landmarks and establish 9
historic districts. Subject to par. pars.
(b) and (bm)
, the county may regulate all 10
historic landmarks and all property within each historic district to preserve the 11
historic landmarks and property within the district and the character of the district.
59.69 (4m) (bm) of the statutes is created to read:
(bm) A county containing a 1st class city may not designate a 14
historic landmark or establish a historic district if the landmark or district contains 15
a pumphouse or municipal building building built in 1931 by the city of Milwaukee.
62.23 (7) (em) 1. of the statutes is amended to read:
(em) 1. Subject to subd. subds.
2. and 2m.
, a city, as an exercise of its 18
zoning and police powers for the purpose of promoting the health, safety and general 19
welfare of the community and of the state, may regulate by ordinance, or if a city 20
contains any property that is listed on the national register of historic places in 21
Wisconsin or the state register of historic places shall, not later than 1995, enact an 22
ordinance to regulate, any place, structure or object with a special character, historic, 23
archaeological or aesthetic interest, or other significant value, for the purpose of 24
preserving the place, structure or object and its significant characteristics. Subject 25
to subds. 2., 2m.,
and 3., a city may create a landmarks commission to designate
historic or archaeological landmarks and establish historic districts. Subject to subd. 2subds.
2. and 2m.
, the city may regulate, or if the city contains any property that is 3
listed on the national register of historic places in Wisconsin or the state register of 4
historic places shall regulate, all historic or archaeological landmarks and all 5
property within each historic district to preserve the historic or archaeological 6
landmarks and property within the district and the character of the district.
62.23 (7) (em) 2m. of the statutes is created to read:
(em) 2m. A 1st class city may not designate a historic landmark or 9
establish a historic district if the landmark or district contains a pumphouse or 10
municipal building building built in 1931 by the city of Milwaukee.
281.36 (1) (ae) of the statutes is created to read:
(ae) “Compensation search area” means an area that includes the 13
geographic management unit of a wetland impacted by a discharge, the county of the 14
impacted wetland, or a 20-mile radius from the impacted wetland.
281.36 (1) (be) of the statutes is created to read:
(be) “Geographic management unit" means one of the 22 statewide 17
management units established by the department based on the major river basins 18
of the state.
(b) No person may discharge dredged material or fill material into 22
a wetland unless the discharge is authorized by a wetland general permit or 23
individual permit issued by the department under this section or the discharge is 24
exempt under sub. (4), (4m) (a), (4p) (a),
or (4r). No person may violate any condition 25
contained in a wetland general or individual permit issued by the department under
this section. The department may not issue a wetland general or individual permit 2
under this section unless it determines that the discharge authorized pursuant to the 3
wetland general or individual permit will comply with all applicable water quality 4
(a) When permit required.
Any person wishing to proceed with a 8
discharge into any wetland shall submit an application for a wetland individual 9
permit under this subsection unless the discharge has been authorized under a 10
wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a), 11(4p) (a),
or (4r). Before submitting the application, the department shall hold a 12
meeting with the applicant to discuss the details of the proposed discharge and the 13
requirements for submitting the application and for delineating the wetland. An 14
applicant may include in the application a request for a public informational hearing. 15
The application shall be accompanied by the applicable fee specified in sub. (11) or 16
281.36 (3r) (a) 1. of the statutes is amended to read:
(a) 1. Purchasing credits from a mitigation bank located in the same
19compensation search area as the wetland impacted by the discharge or, if not
20available, located anywhere
281.36 (3r) (a) 3. of the statutes is amended to read:
(a) 3. Completing mitigation within the same watershed or within
23one-half mile of the site of the discharge compensation search area as the wetland
24impacted by the discharge
281.36 (3t) (g) of the statutes is created to read:
(g) Financial assurance requirements for the construction of 2
mitigation projects by mitigation banks.
281.36 (3w) of the statutes is created to read:
281.36 (3w) Release of credits.
(a) In this subsection:
1. “Developing mitigation bank” means a mitigation bank that has not 6
completed its mitigation project and that has not yet been established under an 7
agreement between the bank's sponsor and the department or otherwise approved 8
by the department.
2. “Estimated credits” means the total number of credits that a developing 10
mitigation bank estimates it will have once its mitigation project is constructed.
(b) A developing mitigation bank may sell its estimated credits if the mitigation 12
bank has met the financial assurance requirements established by the department 13
under sub. (3t) (g) and if the mitigation bank releases the credits in accordance with 14
the following schedule:
1. No more than 20 percent of the estimated credits after the department 16
approves and executes the mitigation bank document establishing the specifications 17
for the mitigation bank.
2. No more than 65 percent of the estimated credits after the applicant or bank 19
sponsor is issued a letter of compliance that construction and all corrective actions 20
3. No more than 85 percent of the estimated credits after the department 22
approves a monitoring report, but not earlier than 2 years after construction of the 23
4. 100 percent of the estimated credits after the department approves the final 2
monitoring report and determines that all performance standards applicable to the 3
mitigation bank are met.
281.36 (4p) of the statutes is created to read:
281.36 (4p) Exemption; previous permit.
(a) The permitting requirement 6
under sub. (3b) does not apply to any discharge into a wetland if that discharge into 7
that wetland was authorized under both a permit issued under sub. (3b) and a federal 8
permit issued under 33 USC 1344
that required a mitigation plan that included all 9
of the following and if the discharge complies with this mitigation plan:
1. Rehabilitation or restoration of 40 or more acres of agricultural lands into 11
wetlands, which may include lands used for cranberry cultivation.
2. Preservation of 150 or more acres of wetlands pursuant to a conservation 13
easement under sub. (8m).
(b) The department shall waive water quality certification under 33 USC 1341 15
(a) (1) for a discharge under par. (a).
758.20 of the statutes is created to read:
17758.20 Consolidated court automation programs. (1)
In this section, 18
“Wisconsin Circuit Court Access Internet site" means the Internet site of the 19
consolidated court automation programs, which is the statewide electronic circuit 20
court case management system established under s. 758.19 (4) and maintained by 21
the director of state courts.
The director of state courts shall ensure the Wisconsin Circuit Court Access 23
Internet site provides the department of corrections access to the information 24
required to complete the report under s. 973.25 (7).
895.492 of the statutes is created to read:
1895.492 Civil liability exemption; certificate of qualification for
In this section:
(a) “Employee" has the meaning given in s. 101.01 (3) and also includes a former 4