106.21(13)
(13) Guidelines. The department need not promulgate as rules the guidelines described under
subs. (2),
(4) and
(6).
106.21 History
History: 1991 a. 39;
1993 a. 399;
1995 a. 27 s.
3721; Stats. 1995 s. 106.21;
1995 a. 201,
289; s. 13.93 (2) (c).
106.215
106.215
Wisconsin conservation corps program. 106.215(1)(1)
Definitions. Unless the context requires otherwise, as used in this section:
106.215(1)(a)
(a) "Board" means the Wisconsin conservation corps board.
106.215(1)(b)
(b) "Conservation activity" means an activity which has a long-term beneficial impact on the land and waters of this state and enhances, promotes or preserves wildlife, fisheries, forest, agricultural, recreational, historical, cultural and commercial resources. This term also includes but is not limited to energy conservation projects, reclamation of lands and disaster assistance.
106.215(1)(c)
(c) "Corps enrollee" means a person enrolled in the Wisconsin conservation corps program.
106.215(1)(cg)
(cg) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" includes any physical disability or developmental disability, as defined in
s. 51.01 (5) (a). "Disability" does not include the current illegal use of a controlled substance, as defined in
s. 961.01 (4), or a controlled substance analog, as defined in
s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.
106.215(1)(cm)
(cm) "Human services activity" means an activity which promotes the social well-being of children, the elderly, persons with disabilities or persons with low incomes.
106.215(1)(d)
(d) "In-kind services and materials" includes services such as training, supervision, administration, transportation, insurance liability coverage and similar services and materials such as supplies, fuel, tools, equipment, safety equipment and other materials for a project.
106.215(1)(e)
(e) "Local unit of government" means the governing body of any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district or school district, the Fox-Winnebago regional management commission or the elected tribal governing body of a federally recognized American Indian tribe or band.
106.215 Note
NOTE: Par. (fm) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
106.215(1)(g)
(g) "State agency" has the meaning specified under
s. 227.01 (1) but also includes the office of district attorney.
106.215(2)
(2) Objectives. The board shall develop guidelines for the Wisconsin conservation corps program designed to promote the objectives of:
106.215(2)(a)
(a)
Employment of young adults. Providing employment for young men and women in all regions of the state.
106.215(2)(b)
(b)
Conservation. Conserving, developing, enhancing or maintaining the natural resources of this state through the implementation of projects which have a long-term beneficial impact on the environment.
106.215(2)(c)
(c)
Personal development. Encouraging and developing work skills, discipline, cooperation, meaningful work experiences and training and educational opportunities for corps enrollees.
106.215(2)(d)
(d)
Human services. Promoting the social well-being of children, the elderly, persons with disabilities and persons with low incomes through the implementation of projects that include human services activities.
106.215(3)
(3) Program responsibility and coordination. The board is the policy-making body responsible for the Wisconsin conservation corps program and shall establish guidelines for this program. The board may delegate responsibility for administration, implementation of projects, corps enrollee employment and supervision, project coordination and other details of the program to the executive secretary or other staff of the board. The department shall assist the board in payroll, accounting and related management functions.
106.215(3m)
(3m) Reporting requirement for donations. The board shall submit an annual report to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) that identifies, for each gift, grant or bequest credited under
s. 20.445 (6) (jb), the name of the individual or organization making it and the amount of and the manner in which it is utilized.
106.215(4)(a)(a)
Executive secretary. The governor shall nominate, and with the advice and consent of the senate appoint, an executive secretary of the board outside the classified service to serve at the pleasure of the governor.
106.215(4)(b)
(b)
Staff. The board shall employ staff within the classified service which is necessary to administer the Wisconsin conservation corps program, including staff to coordinate, supervise and implement projects, to recruit and train corps enrollees and to provide administrative, typing and clerical services. The department shall provide staff within the classified service which is necessary to provide for payroll, accounting and related management functions associated with the Wisconsin conservation corps program.
106.215(5)(a)(a)
Eligible sponsors. The federal government, a state agency, local unit of government or nonprofit organization may apply to the board for approval of a project.
106.215(5)(b)
(b)
Eligible projects. In order to qualify as an approved project, the project is required to provide employment opportunities and to consist of conservation activities or human services activities or both. If the sponsor is a nonprofit organization, the project is required to serve a valid public purpose in order to qualify as an approved project.
106.215(5)(c)
(c)
Sponsor's application. In order to qualify as an approved project, the sponsor is required to submit in the application:
106.215(5)(c)1.
1. A summary of the extent and value of all in-kind services and materials it will provide for the project as well as any other costs associated with the project which it agrees to pay.
106.215(5)(c)2.
2. A preliminary cost estimate including a summary of all anticipated costs resulting from implementation of the project.
106.215(5)(c)3.
3. A preliminary work plan specifying the nature, scope and duration of the project.
106.215(5)(d)
(d)
Local government sponsors. The board and department shall encourage local units of government to apply for the approval of projects and shall provide assistance and information to facilitate these applications.
106.215(5)(e)
(e)
Not to involve labor dispute or displace other employes. No project may be approved by the board if corps enrollees will be used in any manner in connection with a work or labor dispute or if approval of the project would impair existing contracts or collective bargaining agreements with existing employes of the sponsor. No project may be approved by the board if corps enrollees will be used to displace existing permanent employes of the sponsor, including any employes who have been temporarily laid-off by the sponsor.
106.215(6)
(6) Guidelines for project approval. The board shall establish guidelines to be used in selecting projects for approval. These guidelines shall include:
106.215(6)(a)
(a)
Employment opportunities. The extent to which the project will provide employment in meaningful labor intensive work activities for corps enrollees.
106.215(6)(b)
(b)
Conservation. The extent to which the project will promote the long-term beneficial conservation of resources. The guidelines shall assign a high priority to projects required under a shoreland management ordinance under
s. 92.17.
106.215(6)(bm)
(bm)
Human services. The extent to which the project will promote the social well-being of children, the elderly, persons with disabilities and persons with low incomes. The guidelines shall give priority to projects providing services to children and the elderly.
106.215(6)(c)
(c)
Implementation. The degree of difficulty in implementing the project and its compatibility with other projects in the area.
106.215(6)(d)
(d)
Extent of sponsor's responsibility. The share of the total cost of the project, including the value of in-kind services and materials, to be paid or provided by the sponsor.
106.215(6)(dm)
(dm)
Benefits to enrollees. The extent to which the sponsor will provide to the corps enrollees on the project additional wages or other additional benefits.
106.215(6)(e)
(e)
Public purpose and benefit. The extent to which the project will serve a valid public purpose and benefit a large segment of the public.
106.215(7)(a)(a) Conservation activities; appropriations. Moneys appropriated under
s. 20.445 (6) (j),
(m) and
(u) may be utilized for conservation activities as authorized under those appropriations.
106.215(7)(am)
(am)
Human services activities; appropriations. Moneys appropriated under
s. 20.445 (6) (b),
(j) and
(m) may be utilized for human services activities as authorized under those appropriations.
106.215(7)(b)
(b)
Other state agency appropriations. A state agency may utilize moneys from any appropriation for that agency to sponsor a project if implementation of the project is consistent with any purpose for which the moneys are appropriated.
106.215(8)
(8) Administration; project approval; work plans; implementation; enrollee supervision. 106.215(8)(a)(a)
Guidelines for administration. The board shall provide guidelines for administration of the Wisconsin conservation corps program.
106.215(8)(b)
(b)
Administration. The Wisconsin conservation corps program shall be administered according to guidelines provided by the board.
106.215(8)(c)
(c) Administrative expenses; appropriations; reallocation. Moneys appropriated under
s. 20.445 (6) (ja),
(n) or
(y) may be utilized for the payment of administrative expenses related to the Wisconsin conservation corps program as authorized under those appropriations. If the board determines that these appropriations are not sufficient, it may request the joint committee on finance to take action under
s. 13.101 (4) to transfer moneys from the appropriation under
s. 20.445 (6) (j),
(m) or
(u) to the appropriation under
s. 20.445 (6) (ja),
(n) or
(y).
106.215(8)(d)
(d) Approval. Except as provided in
sub. (8g), projects shall be selected and approved by the board based on guidelines established under
sub. (6).
106.215(8)(e)
(e)
Complete project cost estimate. Prior to approval of a project, the executive secretary shall prepare and submit to the board a complete project cost estimate. This estimate shall include a summary of all anticipated costs resulting from the implementation of the project.
106.215(8)(f)
(f)
Detailed work plan. Prior to approval of a project, the executive secretary shall prepare and submit to the board a detailed work plan specifying the nature, scope and duration of the project; the number of corps enrollees; training, supervisory, administrative and other service requirements; supply, fuel, tool, equipment, safety equipment and other material requirements; time schedules; and other details relating to the implementation of the project.
106.215(8)(g)
(g)
Responsibility agreement. Prior to approval of a project, the executive secretary shall prepare and submit to the board a responsibility agreement which incorporates the complete project cost estimate and detailed work plan and specifies in detail the responsibilities of the sponsor and the board with respect to the project.
106.215(8)(i)
(i)
Signing of responsibility agreement. A project is not authorized and may not be implemented until the sponsor and the board sign the responsibility agreement.
106.215(8)(j)
(j)
Implementation. Except as provided in a responsibility agreement, the board is responsible for the implementation of an authorized project. The board may delegate to a sponsor responsibility for implementing various aspects of a project in the responsibility agreement.
106.215(8)(k)1.1. The board is responsible for the overall supervision and control of corps enrollees.
106.215(8)(k)2.
2. The board may delegate to a sponsor responsibility for enrollee recruitment, training and supervision and for administrative services to be provided for a project in the responsibility agreement.
106.215(8)(L)
(L)
Project coordination. The board is responsible for the coordination of work activities related to various projects in the same area.
106.215(8g)(a)(a) If a sponsor pays for the total cost of a project, the board may select and approve a project without using the guidelines established under
sub. (6).
106.215(8g)(b)
(b) If the department of corrections is a sponsor of a project that is approved under this subsection, the corps members on the project shall be prisoners in state prison, probationers or parolees and the members of the project shall receive applicable alcohol or other drug abuse treatment and educational programming services for a portion of each work week, but not to exceed 8 hours per work week.
106.215(8m)
(8m) Administrative project. In addition to the projects authorized under this section, the board may approve one project that provides employment for corps enrollees in an administrative work or training project sponsored by the Wisconsin conservation corps.
Subsections (5) (a) to
(d),
(6) and
(8) (d),
(g) to
(j) and
(k) 1. do not apply to a project approved under this subsection.
106.215(9)(a)(a)
Work camps. If necessary for the implementation of a conservation project, the board may establish or utilize residential facilities but the board may not use moneys appropriated under
s. 20.445 (6) (u) or
(y) for the establishment of new residential facilities.
106.215(9)(b)
(b)
Education and training. The board shall facilitate arrangements with local schools and institutions of higher education for academic study by corps enrollees to upgrade literacy skills, obtain equivalency diplomas or college degrees or enhance employment skills. The board shall encourage the development of training programs for corps enrollees for use during time periods when circumstances do not permit work on a project.
106.215(10)(a)(a)
Authorization; classification. The board may employ corps enrollees. The board shall classify these enrollees as corps members, assistant crew leaders, crew leaders or regional crew leaders.
106.215(10)(b)
(b)
Outside civil service. All corps enrollees shall be employed outside the civil service.
106.215(10)(c)
(c)
Wages. Corps members shall be paid at the prevailing federal minimum wage or the applicable state minimum wage established under
ch. 104, whichever is greater. Assistant crew leaders, crew leaders and regional crew leaders may be paid more than the prevailing federal minimum wage or applicable state minimum wage but may not be paid more than twice the hourly wage of a corps member. The board may waive the wage limitation of a regional crew leader. Corps enrollees shall receive their pay for the previous pay period on the last working day of the current pay period.
106.215(10)(cm)
(cm) Wages of certain crew leaders. Notwithstanding
par. (c), a corps enrollee who, on July 29, 1995, is a crew leader and is paid more than twice the hourly wage of a corps member may be paid the greater of the hourly wage that he or she is receiving on July 29, 1995, or an hourly wage not exceeding twice the hourly wage of a corps member. This paragraph does not apply to assistant crew leaders or regional crew leaders.
106.215(10)(d)
(d)
Unemployment compensation. A corps enrollee is not eligible for unemployment compensation benefits by virtue of his or her employment in the Wisconsin conservation corps program. To the extent permitted by federal law, the Wisconsin conservation corps program shall be considered a work-relief and working-training program for the purpose of determining eligibility for benefits under
s. 108.02 (15) (g) 1.
106.215(10)(e)
(e)
Worker's compensation. A corps enrollee is eligible for worker's compensation benefits as provided under
ch. 102.
106.215(10)(f)
(f)
Health care and other benefits. Except as provided in
par. (fm), a corps enrollee is not an eligible employe for health care benefits or other benefits under
ch. 40.
106.215(10)(fm)
(fm)
Group health care coverage. The board may provide group health care coverage, including group health care coverage offered by the state under
s. 40.51, to any of the following:
106.215(10)(fm)1.
1. Corps enrollees who have been crew leaders, regional crew leaders or a combination thereof for at least 2 years.
106.215(10)(fm)2.
2. Crew leaders or regional crew leaders who are discharging special responsibilities, as determined by the board.
106.215(10)(g)1.1. A person who is employed as a corps enrollee for a 6-month to one-year period of continuous employment, as determined by standards adopted by the board, and who receives a satisfactory employment evaluation upon termination of employment is entitled to an incentive payment of $500 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours or an education voucher that is worth at least double the monetary value of the prorated incentive payment, but not more than $2,400 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours. No corps enrollee may receive more than 2 incentive payments or 4 education vouchers.
106.215(10)(g)2.
2. The board may authorize a partial incentive payment or education voucher to a person who is employed as a corps enrollee and who receives a satisfactory employment evaluation upon termination of employment if the person is employed as a corps enrollee for less than a one-year period of continuous employment and the board determines that employment was terminated because of special circumstances beyond the control of the corps enrollee or if the person is employed as a corps enrollee for at least 10 months but less than a one-year period of continuous employment and the board determines that employment was terminated in order to enable the person to attend an institution of higher education, technical college or other training program or to enable the person to obtain other employment.
106.215(10)(g)3.
3. The education voucher is valid for 3 years after the date of issuance for the payment of tuition and required program activity fees at any institution of higher education, as defined under
s. 39.32 (1) (a), which accepts the voucher and the board shall authorize payment to the institution of face value of the voucher upon presentment.
106.215(10)(h)
(h)
Helmets; footwear; safety equipment. The board shall provide each corps enrollee working on a conservation activity with a safety helmet displaying a Wisconsin conservation corps emblem. The board shall require each corps enrollee to have adequate protective footwear, if needed for the project, and may partially reimburse corps enrollees for the cost of obtaining this footwear. The board shall ensure that all other necessary safety equipment is provided for each corps enrollee.
106.215(11)
(11) Qualifications and requirements for corps enrollees. 106.215(11)(a)(a)
Age. In order to qualify for employment as a corps member or an assistant crew leader, a person is required to have attained the age of 18 years but may not have attained the age of 26 years at the time he or she accepts employment. In order to qualify for employment as a crew leader or a regional crew leader, a person is required to have attained the age of 18 years at the time he or she accepts employment.
106.215(11)(b)
(b)
Unemployed. In order to qualify for employment as a corps member, a person is required to be unemployed at the time he or she applies for employment. In order to qualify for employment as an assistant crew leader, a person is required to be either unemployed at the time he or she applies for employment or is required to be employed as a corps member. In order to establish that a person is unemployed at the time of application for employment, the board may require the person to be certified as unemployed by a local job service office.
106.215(11)(c)
(c)
Enrollment period. In order to qualify for employment as a corps enrollee, a person is required to sign a statement of intention to serve in the Wisconsin conservation corps program for a 6-month to one-year period. This statement does not obligate the board to provide employment for the enrollee for that period.
106.215(11)(d)
(d)
Training and skills. No training or skills are required in order to qualify for employment as a corps member. The board shall establish minimum levels of performance, training and skills required to qualify for employment as or promotion to assistant crew leader, crew leader or regional crew leader.
106.215(11)(e)
(e)
Physical examination. No physical examination is required in order to apply for employment as a corps enrollee but the board may require a physical examination after a corps enrollee is employed. The board may accept evidence of a physical examination conducted within one year prior to employment as meeting such a requirement if the examining physician signs a form containing the information required by the board.
