Amendment ASA1-SB615

LRBs0435/1

MLJ/EHS/MES/EVM:all

2017 - 2018 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 615

March 22, 2018 - Offered by Representative Tusler.

SB615-ASA1,1,9 An Act to amend 59.69 (4m) (a), 62.23 (7) (em) 1., 281.36 (3b) (b), 281.36 (3m) (a), 281.36 (3r) (a) 1. and 281.36 (3r) (a) 3.; and to create 20.625 (1) (h), 59.69 (4m) (bm), 62.23 (7) (em) 2m., 281.36 (1) (ae), 281.36 (1) (be), 281.36 (3t) (g), 281.36 (3w), 281.36 (4p), 758.20, 895.492 and 973.25 of the statutes; relating to: creating a procedure for granting certificates of qualification for employment for persons convicted of a crime, requirements for siting wetland mitigation, wetland mitigation banks, an exemption from wetland permitting requirements, local regulation of historic properties, requiring the exercise of rule-making authority, and making an appropriation.

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

SB615-ASA1,1 Section 1 . 20.625 (1) (h) of the statutes is created to read:

SB615-ASA1,1,12 20.625 (1) (h) Certificates of qualification for employment. All moneys received under s. 973.25 (4) (a) for general program operations of the circuit courts.

SB615-ASA1,2 Section 2. 59.69 (4m) (a) of the statutes is amended to read:

SB615-ASA1,2,11 59.69 (4m) (a) Subject to par. pars. (b) and (bm), a county, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance any place, structure or object with a special character, historic interest, aesthetic interest or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. Subject to pars. (b), (bm), and (c), the county may create a landmarks commission to designate historic landmarks and establish historic districts. Subject to par. pars. (b) and (bm), the county may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district.

SB615-ASA1,3 Section 3. 59.69 (4m) (bm) of the statutes is created to read:

SB615-ASA1,2,15 59.69 (4m) (bm) A county containing a 1st class city may not designate a historic landmark or establish a historic district if the landmark or district contains a pumphouse or municipal building building built in 1931 by the city of Milwaukee.

SB615-ASA1,4 Section 4. 62.23 (7) (em) 1. of the statutes is amended to read:

SB615-ASA1,3,6 62.23 (7) (em) 1. Subject to subd. subds. 2. and 2m., a city, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance, or if a city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall, not later than 1995, enact an ordinance to regulate, any place, structure or object with a special character, historic, archaeological or aesthetic interest, or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. Subject 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. subds. 2. and 2m., the city may regulate, or if the city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall regulate, all historic or archaeological landmarks and all property within each historic district to preserve the historic or archaeological landmarks and property within the district and the character of the district.

SB615-ASA1,5 Section 5. 62.23 (7) (em) 2m. of the statutes is created to read:

SB615-ASA1,3,10 62.23 (7) (em) 2m. A 1st class city may not designate a historic landmark or establish a historic district if the landmark or district contains a pumphouse or municipal building building built in 1931 by the city of Milwaukee.

SB615-ASA1,6 Section 6 . 281.36 (1) (ae) of the statutes is created to read:

SB615-ASA1,3,14 281.36 (1) (ae) “Compensation search area” means an area that includes the geographic management unit of a wetland impacted by a discharge, the county of the impacted wetland, or a 20-mile radius from the impacted wetland.

SB615-ASA1,7 Section 7 . 281.36 (1) (be) of the statutes is created to read:

SB615-ASA1,3,18 281.36 (1) (be) “Geographic management unit" means one of the 22 statewide management units established by the department based on the major river basins of the state.

SB615-ASA1,8 Section 8. 281.36 (3b) (b) of the statutes, as affected by 2017 Wisconsin Act 115, is amended to read:

SB615-ASA1,4,4 281.36 (3b) (b) No person may discharge dredged material or fill material into a wetland unless the discharge is authorized by a wetland general permit or individual permit issued by the department under this section or the discharge is exempt under sub. (4), (4m) (a), (4p) (a), or (4r). No person may violate any condition 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 under this section unless it determines that the discharge authorized pursuant to the wetland general or individual permit will comply with all applicable water quality standards.

SB615-ASA1,9 Section 9. 281.36 (3m) (a) of the statutes, as affected by 2017 Wisconsin Act 115, is amended to read:

SB615-ASA1,4,16 281.36 (3m) (a) When permit required. Any person wishing to proceed with a discharge into any wetland shall submit an application for a wetland individual permit under this subsection unless the discharge has been authorized under a wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a), (4p) (a), or (4r). Before submitting the application, the department shall hold a meeting with the applicant to discuss the details of the proposed discharge and the requirements for submitting the application and for delineating the wetland. An applicant may include in the application a request for a public informational hearing. The application shall be accompanied by the applicable fee specified in sub. (11) or (12) (a).

SB615-ASA1,10 Section 10 . 281.36 (3r) (a) 1. of the statutes is amended to read:

SB615-ASA1,4,20 281.36 (3r) (a) 1. Purchasing credits from a mitigation bank located in the same compensation search area as the wetland impacted by the discharge or, if not available, located anywhere this state.

SB615-ASA1,11 Section 11 . 281.36 (3r) (a) 3. of the statutes is amended to read:

SB615-ASA1,4,24 281.36 (3r) (a) 3. Completing mitigation within the same watershed or within one-half mile of the site of the discharge compensation search area as the wetland impacted by the discharge.

SB615-ASA1,12 Section 12 . 281.36 (3t) (g) of the statutes is created to read:

SB615-ASA1,5,2 281.36 (3t) (g) Financial assurance requirements for the construction of mitigation projects by mitigation banks.

SB615-ASA1,13 Section 13 . 281.36 (3w) of the statutes is created to read:

SB615-ASA1,5,4 281.36 (3w) Release of credits. (a) In this subsection:

SB615-ASA1,5,8 1. “Developing mitigation bank” means a mitigation bank that has not completed its mitigation project and that has not yet been established under an agreement between the bank's sponsor and the department or otherwise approved by the department.

SB615-ASA1,5,10 2. “Estimated credits” means the total number of credits that a developing mitigation bank estimates it will have once its mitigation project is constructed.

SB615-ASA1,5,14 (b) A developing mitigation bank may sell its estimated credits if the mitigation bank has met the financial assurance requirements established by the department under sub. (3t) (g) and if the mitigation bank releases the credits in accordance with the following schedule:

SB615-ASA1,5,17 1. No more than 20 percent of the estimated credits after the department approves and executes the mitigation bank document establishing the specifications for the mitigation bank.

SB615-ASA1,5,20 2. No more than 65 percent of the estimated credits after the applicant or bank sponsor is issued a letter of compliance that construction and all corrective actions are complete.

SB615-ASA1,5,23 3. No more than 85 percent of the estimated credits after the department approves a monitoring report, but not earlier than 2 years after construction of the mitigation project.

SB615-ASA1,6,3 4. 100 percent of the estimated credits after the department approves the final monitoring report and determines that all performance standards applicable to the mitigation bank are met.

SB615-ASA1,14 Section 14. 281.36 (4p) of the statutes is created to read:

SB615-ASA1,6,9 281.36 (4p) Exemption; previous permit. (a) The permitting requirement under sub. (3b) does not apply to any discharge into a wetland if that discharge into that wetland was authorized under both a permit issued under sub. (3b) and a federal permit issued under 33 USC 1344 that required a mitigation plan that included all of the following and if the discharge complies with this mitigation plan:

SB615-ASA1,6,11 1. Rehabilitation or restoration of 40 or more acres of agricultural lands into wetlands, which may include lands used for cranberry cultivation.

SB615-ASA1,6,13 2. Preservation of 150 or more acres of wetlands pursuant to a conservation easement under sub. (8m).

SB615-ASA1,6,15 (b) The department shall waive water quality certification under 33 USC 1341 (a) (1) for a discharge under par. (a).

SB615-ASA1,15 Section 15 . 758.20 of the statutes is created to read:

SB615-ASA1,6,21 758.20 Consolidated court automation programs. (1) In this section, “Wisconsin Circuit Court Access Internet site" means the Internet site of the consolidated court automation programs, which is the statewide electronic circuit court case management system established under s. 758.19 (4) and maintained by the director of state courts.

SB615-ASA1,6,24 (2) The director of state courts shall ensure the Wisconsin Circuit Court Access Internet site provides the department of corrections access to the information required to complete the report under s. 973.25 (7).

SB615-ASA1,16 Section 16 . 895.492 of the statutes is created to read:

SB615-ASA1,7,2 895.492 Civil liability exemption; certificate of qualification for employment. (1) In this section:

SB615-ASA1,7,4 (a) “Employee" has the meaning given in s. 101.01 (3) and also includes a former employee.

SB615-ASA1,7,5 (b) “Employer" has the meaning given in s. 101.01 (4).

SB615-ASA1,7,9 (2) An employer who hires an employee who has been issued a certificate of qualification for employment under s. 973.25 is immune from liability for the acts or omissions of the employee unless the employer, when he or she hired the employee, acted maliciously, with gross negligence, or with intent to cause harm.

SB615-ASA1,17 Section 17. 973.25 of the statutes is created to read:

SB615-ASA1,7,12 973.25 Certificates of qualification for employment. (1) Definitions. In this section:

SB615-ASA1,7,16 (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (1) (c), (cg), (cm), (cs), or (d).

SB615-ASA1,7,23 (b) “Collateral sanction” means a penalty, ineligibility, disability, or disadvantage that is related to employment or to occupational licensing or certification and that is a result of the offender's criminal record. “Collateral sanction” does not include confinement in a jail or prison; probation, parole, or extended supervision; suspension or revocation of motor vehicle operating privileges; imposition of a forfeiture, fine, or assessment; costs of prosecution; or an order to pay restitution.

SB615-ASA1,7,25 (c) “Offender” means a person who has been convicted of a crime other than a violent crime, as defined in s. 165.84 (7).

SB615-ASA1,8,8 (2) Council on offender employment. The director of state courts shall provide forms for use in filing an application for a certificate of qualification for employment and shall convene a council on offender employment that shall review applications for certificates of qualification for employment. The council shall consist of the following 3 members: the attorney general, or his or her designee; the state public defender, or his or her designee; and the chairperson of the parole commission, or his or her designee. The council shall have the powers, duties, and responsibilities set forth in this section.

SB615-ASA1,8,11 (3) Eligibility. An offender who has been released from confinement may apply for a certificate of qualification for employment under this section if any of the following applies:

SB615-ASA1,8,13 (a) He or she has served at least 24 consecutive months of a term of confinement in prison in the Wisconsin state prisons.

SB615-ASA1,8,16 (b) He or she has served at least 12 consecutive months of a term of confinement in prison in the Wisconsin state prisons and at least 12 consecutive months of a term of extended supervision under s. 302.113.

SB615-ASA1,8,22 (4) Procedure. (a) An offender may file an application for a certificate of qualification for employment to the council on offender employment on a form to be provided by the director of state courts along with an application fee of $20 that shall be deposited in the appropriation under s. 20.625 (1) (h). The council may waive the fee if the offender submits an affidavit along with the application in which he or she swears or affirms that he or she is unable to pay the application fee.

SB615-ASA1,8,25 (b) After receiving an application under par. (a), the council on offender employment shall request from the department of corrections and the department shall provide to the council all of the following information about the offender:

SB615-ASA1,9,1 1. His or her highest level of education.

SB615-ASA1,9,2 2. Any treatment he or she has completed.

SB615-ASA1,9,3 3. Any performance evaluations for his or her work.

SB615-ASA1,9,4 4. Any risk and needs assessment reports.

SB615-ASA1,9,6 5. Any other reports of information gathered during the normal course of business, as requested by the council.