SB615-ASA1,1,9 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),
4281.36 (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:
SB615-ASA1,1 10Section 1 . 20.625 (1) (h) of the statutes is created to read:
SB615-ASA1,1,1211 20.625 (1) (h) Certificates of qualification for employment. All moneys received
12under s. 973.25 (4) (a) for general program operations of the circuit courts.
SB615-ASA1,2
1Section 2. 59.69 (4m) (a) of the statutes is amended to read:
SB615-ASA1,2,112 59.69 (4m) (a) Subject to par. pars. (b) and (bm), a county, as an exercise of its
3zoning and police powers for the purpose of promoting the health, safety and general
4welfare of the community and of the state, may regulate by ordinance any place,
5structure or object with a special character, historic interest, aesthetic interest or
6other significant value, for the purpose of preserving the place, structure or object
7and its significant characteristics. Subject to pars. (b), (bm), and (c), the county may
8create a landmarks commission to designate historic landmarks and establish
9historic districts. Subject to par. pars. (b) and (bm), the county may regulate all
10historic landmarks and all property within each historic district to preserve the
11historic landmarks and property within the district and the character of the district.
SB615-ASA1,3 12Section 3. 59.69 (4m) (bm) of the statutes is created to read:
SB615-ASA1,2,1513 59.69 (4m) (bm) A county containing a 1st class city may not designate a
14historic landmark or establish a historic district if the landmark or district contains
15a pumphouse or municipal building building built in 1931 by the city of Milwaukee.
SB615-ASA1,4 16Section 4. 62.23 (7) (em) 1. of the statutes is amended to read:
SB615-ASA1,3,617 62.23 (7) (em) 1. Subject to subd. subds. 2. and 2m., a city, as an exercise of its
18zoning and police powers for the purpose of promoting the health, safety and general
19welfare of the community and of the state, may regulate by ordinance, or if a city
20contains any property that is listed on the national register of historic places in
21Wisconsin or the state register of historic places shall, not later than 1995, enact an
22ordinance to regulate, any place, structure or object with a special character, historic,
23archaeological or aesthetic interest, or other significant value, for the purpose of
24preserving the place, structure or object and its significant characteristics. Subject
25to subds. 2., 2m., and 3., a city may create a landmarks commission to designate

1historic 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
3listed on the national register of historic places in Wisconsin or the state register of
4historic places shall regulate, all historic or archaeological landmarks and all
5property within each historic district to preserve the historic or archaeological
6landmarks and property within the district and the character of the district.
SB615-ASA1,5 7Section 5. 62.23 (7) (em) 2m. of the statutes is created to read:
SB615-ASA1,3,108 62.23 (7) (em) 2m. A 1st class city may not designate a historic landmark or
9establish a historic district if the landmark or district contains a pumphouse or
10municipal building building built in 1931 by the city of Milwaukee.
SB615-ASA1,6 11Section 6 . 281.36 (1) (ae) of the statutes is created to read:
SB615-ASA1,3,1412 281.36 (1) (ae) “Compensation search area” means an area that includes the
13geographic management unit of a wetland impacted by a discharge, the county of the
14impacted wetland, or a 20-mile radius from the impacted wetland.
SB615-ASA1,7 15Section 7 . 281.36 (1) (be) of the statutes is created to read:
SB615-ASA1,3,1816 281.36 (1) (be) “Geographic management unit" means one of the 22 statewide
17management units established by the department based on the major river basins
18of the state.
SB615-ASA1,8 19Section 8. 281.36 (3b) (b) of the statutes, as affected by 2017 Wisconsin Act 115,
20is amended to read:
SB615-ASA1,4,421 281.36 (3b) (b) No person may discharge dredged material or fill material into
22a wetland unless the discharge is authorized by a wetland general permit or
23individual permit issued by the department under this section or the discharge is
24exempt under sub. (4), (4m) (a), (4p) (a), or (4r). No person may violate any condition
25contained in a wetland general or individual permit issued by the department under

1this section. The department may not issue a wetland general or individual permit
2under this section unless it determines that the discharge authorized pursuant to the
3wetland general or individual permit will comply with all applicable water quality
4standards.
SB615-ASA1,9 5Section 9. 281.36 (3m) (a) of the statutes, as affected by 2017 Wisconsin Act
6115
, is amended to read:
SB615-ASA1,4,167 281.36 (3m) (a) When permit required. Any person wishing to proceed with a
8discharge into any wetland shall submit an application for a wetland individual
9permit under this subsection unless the discharge has been authorized under a
10wetland 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
12meeting with the applicant to discuss the details of the proposed discharge and the
13requirements for submitting the application and for delineating the wetland. An
14applicant may include in the application a request for a public informational hearing.
15The application shall be accompanied by the applicable fee specified in sub. (11) or
16(12) (a).
SB615-ASA1,10 17Section 10 . 281.36 (3r) (a) 1. of the statutes is amended to read:
SB615-ASA1,4,2018 281.36 (3r) (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
this state.
SB615-ASA1,11 21Section 11 . 281.36 (3r) (a) 3. of the statutes is amended to read:
SB615-ASA1,4,2422 281.36 (3r) (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
.
SB615-ASA1,12 25Section 12 . 281.36 (3t) (g) of the statutes is created to read:
SB615-ASA1,5,2
1281.36 (3t) (g) Financial assurance requirements for the construction of
2mitigation projects by mitigation banks.
SB615-ASA1,13 3Section 13 . 281.36 (3w) of the statutes is created to read:
SB615-ASA1,5,44 281.36 (3w) Release of credits. (a) In this subsection:
SB615-ASA1,5,85 1. “Developing mitigation bank” means a mitigation bank that has not
6completed its mitigation project and that has not yet been established under an
7agreement between the bank's sponsor and the department or otherwise approved
8by the department.
SB615-ASA1,5,109 2. “Estimated credits” means the total number of credits that a developing
10mitigation bank estimates it will have once its mitigation project is constructed.
SB615-ASA1,5,1411 (b) A developing mitigation bank may sell its estimated credits if the mitigation
12bank has met the financial assurance requirements established by the department
13under sub. (3t) (g) and if the mitigation bank releases the credits in accordance with
14the following schedule:
SB615-ASA1,5,1715 1. No more than 20 percent of the estimated credits after the department
16approves and executes the mitigation bank document establishing the specifications
17for the mitigation bank.
SB615-ASA1,5,2018 2. No more than 65 percent of the estimated credits after the applicant or bank
19sponsor is issued a letter of compliance that construction and all corrective actions
20are complete.
SB615-ASA1,5,2321 3. No more than 85 percent of the estimated credits after the department
22approves a monitoring report, but not earlier than 2 years after construction of the
23mitigation project.
SB615-ASA1,6,3
14. 100 percent of the estimated credits after the department approves the final
2monitoring report and determines that all performance standards applicable to the
3mitigation bank are met.
SB615-ASA1,14 4Section 14. 281.36 (4p) of the statutes is created to read:
SB615-ASA1,6,95 281.36 (4p) Exemption; previous permit. (a) The permitting requirement
6under sub. (3b) does not apply to any discharge into a wetland if that discharge into
7that wetland was authorized under both a permit issued under sub. (3b) and a federal
8permit issued under 33 USC 1344 that required a mitigation plan that included all
9of the following and if the discharge complies with this mitigation plan:
SB615-ASA1,6,1110 1. Rehabilitation or restoration of 40 or more acres of agricultural lands into
11wetlands, which may include lands used for cranberry cultivation.
SB615-ASA1,6,1312 2. Preservation of 150 or more acres of wetlands pursuant to a conservation
13easement under sub. (8m).
SB615-ASA1,6,1514(b) The department shall waive water quality certification under 33 USC 1341
15(a) (1) for a discharge under par. (a).
SB615-ASA1,15 16Section 15 . 758.20 of the statutes is created to read:
SB615-ASA1,6,21 17758.20 Consolidated court automation programs. (1) In this section,
18“Wisconsin Circuit Court Access Internet site" means the Internet site of the
19consolidated court automation programs, which is the statewide electronic circuit
20court case management system established under s. 758.19 (4) and maintained by
21the director of state courts.
SB615-ASA1,6,24 22(2) The director of state courts shall ensure the Wisconsin Circuit Court Access
23Internet site provides the department of corrections access to the information
24required to complete the report under s. 973.25 (7).
SB615-ASA1,16 25Section 16 . 895.492 of the statutes is created to read:
SB615-ASA1,7,2
1895.492 Civil liability exemption; certificate of qualification for
2employment.
(1) In this section:
SB615-ASA1,7,43 (a) “Employee" has the meaning given in s. 101.01 (3) and also includes a former
4employee.
SB615-ASA1,7,55 (b) “Employer" has the meaning given in s. 101.01 (4).
SB615-ASA1,7,9 6(2) An employer who hires an employee who has been issued a certificate of
7qualification for employment under s. 973.25 is immune from liability for the acts or
8omissions of the employee unless the employer, when he or she hired the employee,
9acted maliciously, with gross negligence, or with intent to cause harm.
SB615-ASA1,17 10Section 17. 973.25 of the statutes is created to read:
SB615-ASA1,7,12 11973.25 Certificates of qualification for employment. (1) Definitions. In
12this section:
SB615-ASA1,7,1613 (a) “Certificate of qualification for employment” means a certificate issued by
14the council on offender employment that provides an offender with relief from a
15collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065
16(4m), or 111.335 (1) (c), (cg), (cm), (cs), or (d).
SB615-ASA1,7,2317 (b) “Collateral sanction” means a penalty, ineligibility, disability, or
18disadvantage that is related to employment or to occupational licensing or
19certification and that is a result of the offender's criminal record. “Collateral
20sanction” does not include confinement in a jail or prison; probation, parole, or
21extended supervision; suspension or revocation of motor vehicle operating
22privileges; imposition of a forfeiture, fine, or assessment; costs of prosecution; or an
23order to pay restitution.
SB615-ASA1,7,2524 (c) “Offender” means a person who has been convicted of a crime other than a
25violent crime, as defined in s. 165.84 (7).
SB615-ASA1,8,8
1(2) Council on offender employment. The director of state courts shall provide
2forms for use in filing an application for a certificate of qualification for employment
3and shall convene a council on offender employment that shall review applications
4for certificates of qualification for employment. The council shall consist of the
5following 3 members: the attorney general, or his or her designee; the state public
6defender, or his or her designee; and the chairperson of the parole commission, or his
7or her designee. The council shall have the powers, duties, and responsibilities set
8forth in this section.
SB615-ASA1,8,11 9(3) Eligibility. An offender who has been released from confinement may
10apply for a certificate of qualification for employment under this section if any of the
11following applies:
SB615-ASA1,8,1312 (a) He or she has served at least 24 consecutive months of a term of confinement
13in prison in the Wisconsin state prisons.
SB615-ASA1,8,1614 (b) He or she has served at least 12 consecutive months of a term of confinement
15in prison in the Wisconsin state prisons and at least 12 consecutive months of a term
16of extended supervision under s. 302.113.
SB615-ASA1,8,22 17(4) Procedure. (a) An offender may file an application for a certificate of
18qualification for employment to the council on offender employment on a form to be
19provided by the director of state courts along with an application fee of $20 that shall
20be deposited in the appropriation under s. 20.625 (1) (h). The council may waive the
21fee if the offender submits an affidavit along with the application in which he or she
22swears or affirms that he or she is unable to pay the application fee.
SB615-ASA1,8,2523 (b) After receiving an application under par. (a), the council on offender
24employment shall request from the department of corrections and the department
25shall provide to the council all of the following information about the offender:
SB615-ASA1,9,1
11. His or her highest level of education.
SB615-ASA1,9,22 2. Any treatment he or she has completed.
SB615-ASA1,9,33 3. Any performance evaluations for his or her work.
SB615-ASA1,9,44 4. Any risk and needs assessment reports.
SB615-ASA1,9,65 5. Any other reports of information gathered during the normal course of
6business, as requested by the council.
SB615-ASA1,9,97 (c) Within 60 days after receiving the information requested under par. (b), the
8council on offender employment shall issue an order granting or denying the
9offender's request for a certificate of qualification for employment.
SB615-ASA1,9,16 10(5) Granting of certificate; exceptions. The council on offender employment
11shall grant an offender's application for a certificate of qualification for employment
12if the council finds that the offender is not likely to pose a risk to public safety, that
13the certificate will substantially assist the offender in obtaining employment or
14occupational licensing or certification, and that the offender is less likely to commit
15an additional criminal offense if he or she obtains a certificate of qualification for
16employment.
SB615-ASA1,9,22 17(6) Revocation of certificate of qualification for employment. (a) If an
18offender is convicted of a felony or of a Class A or Class B misdemeanor after he or
19she is issued a certificate of qualification for employment, or if his or her probation,
20parole, or extended supervision is revoked for the commission of a crime, the court
21shall permanently revoke a certificate of qualification for employment issued under
22sub. (5).
SB615-ASA1,9,2523 (b) The court may not revoke an offender's certificate of qualification for
24employment as a sanction for the offender's commission of an act or offense that is
25a violation of a condition of the offender's probation, parole, or extended supervision

1that is not a crime, or if the offender's probation, parole, or extended supervision is
2revoked as a result of the offender's commission of a noncriminal act.
SB615-ASA1,10,9 3(7) Data collection; report to legislature. The department of corrections
4shall prepare an annual report that includes, for each year, the number of
5applications that are received under this section, the number of certificates of
6qualification for employment that are issued, and the number of certificates of
7qualification for employment that are revoked and the reasons for revocation. The
8department shall submit the report to the chief clerk of each house of the legislature
9for distribution to the legislature under s. 13.172 (2).
SB615-ASA1,18 10Section 18. Initial applicability.
SB615-ASA1,10,1411 (1) The treatment of section 281.36 (3b) (b), (3m) (a), and (4p) of the statutes
12first applies to a discharge into a wetland authorized by a permit under section
13281.36 (3b) of the statutes and a federal permit under 33 USC 1344, both of which
14were issued before the effective date of this subsection.
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