Under the fair employment law, no employer or other person may engage in any
act of employment discrimination against any individual on the basis of the
individual's use or nonuse of lawful products off the employer's premises during
nonworking hours, subject to certain exceptions, one of which is if the use impairs
the individual's ability to undertake adequately the job-related responsibilities of
that individual's employment. The bill specifically defines marijuana as a lawful
product for purposes of the fair employment law, such that no person may engage in
any act of employment discrimination against an individual because of the
individual's use of marijuana off the employer's premises during nonworking hours,
subject to those exceptions.
Unemployment benefits
Under current law, an individual may be disqualified from receiving
unemployment insurance benefits if he or she is terminated because of misconduct
or substantial fault. The bill specifically provides that an employee's use of
marijuana off the employer's premises during nonworking hours does not constitute
misconduct or substantial fault unless termination for that use is permitted under
one of the exceptions under the fair employment law. Also under current law, DWD
must establish a program to test claimants who apply for UI benefits for the presence
of controlled substances, as defined under federal law. If a claimant tests positive
for a controlled substance, the claimant may be denied UI benefits, subject to certain
exceptions and limitations. The bill excludes THC for purposes of this testing
requirement. As such, under the bill, an individual who tests positive for THC may
not be denied UI benefits.
Drug testing for public assistance programs
The bill exempts THC, including marijuana, from drug testing for certain
public assistance programs. Currently, a participant in a community service job or
transitional placement under the Wisconsin Works program (W-2) or a recipient of
the FoodShare program, also known as the food stamp program, who is convicted of
possession, use, or distribution of a controlled substance must submit to a test for
controlled substances as a condition of continued eligibility. DHS is currently
required to request a waiver of federal Medicaid law to require drug screening and
testing as a condition of eligibility for the childless adult demonstration project in the
Medical Assistance program. Current law also requires DHS to promulgate rules to
develop and implement a drug screening, testing, and treatment policy for
able-bodied adults without dependents in the FoodShare employment and training
program. The bill exempts THC from all of those drug-testing requirements and
programs. In addition, because THC is not a controlled substance under state law
under the bill, the requirement under current law that DCF promulgate rules to
create a controlled substance abuse screening and testing requirement for
applicants for the work experience program for noncustodial parents under W-2 and
the Transform Milwaukee Jobs and Transitional Jobs programs does not include
THC.
Anatomical gifts
Unless federal law requires otherwise, the bill prohibits a hospital, physician,
organ procurement organization, or other person from determining the ultimate
recipient of an anatomical gift on the sole basis of a positive test for the use of
marijuana by a potential recipient.
military affairs
Urban search and rescue task force
Under current law, a regional structural collapse team contracted with the
Division of Emergency Management in the DMA is required to respond to structural
collapse incidents that meet criteria established by the division. Under current law,
a team may respond only to incidents of structural collapse. The bill changes the
team's designation from being a structural collapse team to an urban search and
rescue task force, as designated by the National Fire Protection Association and
Emergency Management Accreditation program standards. This change allows an
urban search and rescue task force to respond to a wider variety of incidents.
Under current law, when a regional structural collapse team responds to an
incident, the team must make a good faith effort to identify the party who is
responsible for the structural collapse and provide that information to the Division
of Emergency Management to seek reimbursement from that party. Any
reimbursement to a regional structural collapse team is limited to the amounts
collected by the Division of Emergency Management. Under the bill, this limitation
on reimbursement is removed, and DMA must reimburse within 60 days local
agencies that provided services as part of an urban search and rescue task force if
agencies apply for reimbursement within 45 days of the conclusion of the task force's
deployment. DMA may seek reimbursement for those services from any responsible
party.
The bill also allows DMA to reimburse a local agency for any increase in
contributions for duty disability premiums because an employee incurred an injury
while performing duties as a member of an urban search and rescue task force.
Statewide public safety interoperable communication system
Under current law, DMA provides staff support for the Interoperability Council
and is charged with overseeing the development and operation of a statewide public
safety interoperable communication system, which is a system that allows various
public safety entities, public works and transportation agencies, hospitals, and
volunteer emergency services agencies to communicate via radio or other
communication technology in an emergency.
The bill provides that DMA must also administer any current or future
statewide public safety interoperable communication system, and allows DMA to
enter into agreements for maintenance and support of, upgrades to, and
enhancements for the statewide public safety interoperable communication system.
Next Generation 911 geographic information systems grants
Under current law, DMA must issue grants to public safety answering points,
more commonly known as 911 call centers, for a variety of purposes related to
advanced 911 operations, known as Next Generation 911.
The bill creates an additional grant program, under which DMA must issue
grants to counties for the purpose of preparing geographic information systems data
to help enable Next Generation 911. Under the bill, the appropriate purposes and
eligibility criteria for the grants must be developed by DMA policy. Grant purposes
may include data preparation, data gathering, data creation, geographic
information system staffing, data preparation and collection contracts, and training,
if these purposes enable Next Generation 911, but may not include general overhead
or costs for providing emergency services or emergency services equipment. DMA
must coordinate with DOA in administering the grant program. DMA may not
award more than one such grant per county per fiscal year. Under the bill, this new
grant program sunsets on June 30, 2025.
State disaster assistance for hazard mitigation measures
Under current law, the state disaster assistance program requires DMA to
make payments to retail electric cooperatives, local governmental units, and
federally recognized American Indian tribes and bands in this state for damages and
costs incurred as the result of certain disasters that do not qualify for federal disaster
assistance funding. The bill authorizes state disaster assistance payments to
include costs incurred for approved hazard mitigation measures after a disaster.
Truax Field electrical micro grid
The bill directs DMA to conduct a study in fiscal year 2022-23 to determine
whether it would be feasible to build an electrical micro grid system at Truax Field.
DMA may spend $64,000 in fiscal year 2022-23 to conduct such a study. If, based
on the study, the adjutant general determines that construction of an electrical micro
grid system at Truax Field is feasible, DMA may spend $296,000 in fiscal year
2022-23 for schematic designs related to the construction of such an electrical micro
grid system.
Emergency management assistance compact
The bill converts two appropriations for services provided under the emergency
management assistance compact from annual appropriations to continuing
appropriations. Under current law, the emergency management assistance compact
is an agreement between the state of Wisconsin and all other states that have entered
into the compact to provide for mutual assistance among the states in managing any
emergency or disaster that is declared by the governor of the affected state.
Lapses to the general fund
The bill lapses $130,094 to the general fund from three continuing
appropriations to DMA related to emergency management.
natural resources
General natural resources
Extending the Warren Knowles-Gaylord Nelson Stewardship 2000 program
Current law authorizes the state to incur public debt for certain conservation
activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 program,
which is administered by DNR. The state may incur this debt to acquire land for the
state for conservation purposes and for property development activities and may
award grants to local governments and nonprofit organizations to acquire land for
these purposes. Current law establishes the amounts that DNR may obligate in each
fiscal year through fiscal year 2021-22 for expenditure under each of five
subprograms of the stewardship program.
The bill reauthorizes the stewardship program until fiscal year 2031-32 and
sets at $70,000,000 the amount that DNR may obligate under the program in each
fiscal year beginning in fiscal year 2022-23 and ending in fiscal year 2031-32. The
bill increases to $1,788,850,000 the total amount of public debt that the state may
contract under the program.
Beginning in fiscal year 2022-23 the bill increases the amount DNR may
obligate in each fiscal year under the land acquisition subprogram from $21,000,000
to $26,000,000 until fiscal year 2025-26, then decreases that amount to $25,000,000
in each fiscal year until 2031-32. Of that total amount, the bill increases from
$9,000,000 to $10,000,000 the amount that DNR may obligate for DNR land
acquisitions in each fiscal year. The bill requires DNR to set aside $1,000,000 in each
fiscal year in fiscal years 2022-23 to 2025-26 to acquire land from the board of
commissioners of public lands and to provide counties with 50 percent matching
grants to acquire land from BCPL. The bill increases from $7,000,000 to $10,000,000
the amount in each fiscal year that must be set aside for grants awarded to nonprofit
conservation organizations (NCO).
The bill maintains the following amounts that DNR must set aside in each fiscal
year for the following purposes under the land acquisition subprogram: $5,000,000
for the county forest grant program, $1,000,000 for the Ice Age Trail, and $2,000,000
to match federal Forest Legacy Program grants. The bill adds property development
and maintenance to the activities for which stewardship moneys may be obligated
for the Ice Age Trail and property development to the activities for which
stewardship moneys may be obligated under the county forest grant program. In
addition, the bill provides that the Ice Age Trail moneys may also be obligated for 50
percent matching grants to NCOs and local governments to acquire, develop, and
maintain Ice Age Trail properties.
Beginning in fiscal year 2022-23 the bill increases from $9,750,000 to
$41,000,000 the amount in each fiscal year that DNR may obligate under the
property development and local assistance subprogram, then increases this amount
to $42,000,000 in each fiscal year beginning in fiscal year 2026-27 and ending with
fiscal year 2031-32. Of that total amount, the bill increases from $3,250,000 to
$22,000,000 the amount DNR must obligate in each fiscal year under current law for
DNR property development beginning in fiscal year 2022-23, then increases this
amount to $23,000,000 in each fiscal year beginning in fiscal year 2026-27 and
ending with fiscal year 2031-32. The bill increases from $6,000,000 to $18,000,000
the amount that DNR may obligate in each fiscal year for local assistance grants for
property development. The bill requires DNR to set aside $1,000,000 in each fiscal
year for grants to NCOs and friends groups for property development projects on
DNR properties, with a limit of $80,000 in grants per DNR property in each fiscal
year. Current law limits the amount that may be encumbered on those grants to
$250,000 each fiscal year and $20,000 per DNR property. The bill eliminates
all-terrain vehicle (ATV), utility terrain vehicle (UTV), and snowmobile projects as
one of the purposes for which moneys may be obligated under the property
development and local assistance subprogram.
Beginning in fiscal year 2022-23 the bill increases from $2,500,000 to
$3,000,000 the amount in each fiscal year that DNR may obligate under the
recreational boating aids subprogram.
Under the bill, if for fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and
2030-31 DNR does not obligate the full amount it is authorized to obligate under the
land acquisition, property development and local assistance, and recreational
boating aids subprograms, DNR may obligate the unobligated amount in the next
fiscal year for the purpose for which it was authorized. Then, if for fiscal years
2023-24, 2025-26, 2027-28, 2029-30, and 2031-32 DNR does not obligate the full
amount it is authorized to obligate under those subprograms, plus any unobligated
amount from the prior fiscal year, DNR may obligate those unobligated amounts in
any fiscal year through 2031-32, but only for property development of DNR lands or
on conservation easements adjacent to DNR lands.
Under current law, if DNR does not obligate the full amount it is authorized to
obligate in a fiscal year for grants to NCOs, it may obligate the unobligated amount
in the next fiscal year but only for county forest grants. Under the bill, if DNR does
not obligate the full amount it is authorized to obligate for grants to NCOs for any
of the fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31, it may
obligate the unobligated amount in the next fiscal year but only for local assistance
grants. If any of that unobligated amount remains after that second year, DNR may
obligate it in any fiscal year through 2031-32, but only for property development of
DNR lands or on conservation easements adjacent to DNR lands.
Under current law, generally, for any project or activity for which more than
$250,000 of stewardship moneys are proposed to be obligated, DNR must obtain
written approval for the project or activity from the joint committee on finance. The
bill increases this threshold to $500,000. The bill also eliminates the requirement
that DNR obtain written approval for obligating stewardship moneys for any land
acquisition located north of STH 64.
Under current law, any person receiving a stewardship grant to acquire land
on former managed forest land must allow public access to the land for nature-based
outdoor activities, except that a person may prohibit public access for one or more
nature-based outdoor activities if the Natural Resources Board determines the
prohibition is necessary in order to protect public safety, protect a unique animal or
plant community, or accommodate usership patterns. The bill eliminates a current
law provision under which the exception with respect to accommodating usership
patterns does not apply for land acquired after the effective date of the bill that is not
for state trails or the Ice Age Trail.
The bill eliminates a limitation under current law that prohibits more than
one-third of the amount set aside for DNR's acquisition of land from being obligated
to acquire land in fee simple.
Finally, the bill eliminates a requirement under current law that DNR provide
a written directory of all stewardship land that is open for public access.
Pierce County islands wildlife restoration
The bill creates a continuing appropriation from the conservation fund to DNR
for restoration projects in the Pierce County islands wildlife area.
Terrestrial invasive species prevention
The bill creates an annual appropriation from the conservation fund to DNR for
grants to cooperative invasive species management areas for surveying, monitoring,
and controlling terrestrial invasive species.
Law enforcement technology
Under current law, DNR is appropriated scheduled amounts from the general
fund, the environmental fund, and the conservation fund for acquiring law
enforcement radios. Under the bill, each appropriation is made for the purpose of
acquiring law enforcement technology.
Sheboygan Marsh dam funding
The bill authorizes DNR to award a $1,000,000 grant to Sheboygan county to
remove and reconstruct a dam on the Sheboygan River at the Sheboygan Marsh.
MacKenzie environmental center
Under current law, moneys are appropriated to the MacKenzie environmental
center biennially from the general fund (MacKenzie appropriation). A biennial
appropriation is expendable only for the biennium for which made. Current law
allows DNR to charge fees to participants in a DNR environmental education
program to cover the costs of the program, and requires such fees collected by DNR
for the use of the MacKenzie environmental center to be deposited in the general
fund and credited to the MacKenzie appropriation.
The bill changes the MacKenzie appropriation to a continuing appropriation,
which is an appropriation that is expendable until fully depleted or repealed by
subsequent action of the legislature. Under the bill, the MacKenzie appropriation
is still funded by all moneys received from fees collected for the use of the MacKenzie
environmental center.
Funding from Indian gaming receipts
Current law requires DOA to transfer portions of Indian gaming receipts to
certain DNR appropriations annually. The bill eliminates the requirement to
transfer these amounts to appropriations that fund elk management and the
reintroduction of whooping cranes, eliminates those appropriations, and replaces
them with appropriations funded from the conservation fund. The bill also
eliminates the requirement to transfer these amounts to an appropriation that funds
snowmobile law enforcement operations and safety training and fatality reporting
and eliminates that appropriation. The bill makes no change to an appropriation
funding the same purposes from the conservation fund.
Navigable waters and wetlands
Great Lakes erosion control loan program
The bill requires DNR to administer a revolving loan program to assist
municipalities and owners of homes located on the shore of Lake Michigan or Lake
Superior where the structural integrity of municipal buildings or homes is
threatened by erosion of the shoreline. Under the bill, moneys for the program are
provided from the environmental fund. The bill requires DNR to promulgate rules
to administer the program, including eligibility requirements and income
limitations, and authorizes DNR to promulgate emergency rules for the period before
permanent rules take effect.
Hydrologic restoration
Under current law, DNR may issue a general permit to a person wishing to
proceed with a wetland restoration activity sponsored by a federal agency. The bill
requires DNR to issue a general permit that authorizes wetland, stream, and
floodplain restoration and management activities that will result in a net
improvement in hydrologic connections, conditions, and functions.
The general permit issued under the bill is valid for a period of five years, except
that an activity that DNR determines is authorized by a general permit remains
authorized under the permit until the activity is completed. The general permit
issued under the bill for an activity is in lieu of any permit or approval that would
otherwise be required for that activity under state navigable water law, water
quality law, or wetland law. The bill requires DNR to apply several conditions to the
new general permit and authorizes DNR to require an individual seeking approval
to conduct activities under the general permit to apply for an individual permit under
certain circumstances.
The bill creates at DNR a hydrologic restoration and management advisory
council to provide input, make recommendations, and generally assist DNR with the
implementation of the new general permit and associated restoration projects.
Bonding for dam safety projects
Under current law, the state may contract up to $29,500,000 in public debt to
provide financial assistance to counties, cities, villages, towns, and public inland
lake protection and rehabilitation districts for dam safety projects. The bill increases
the bonding authority for these projects by $6,000,000.
Parks, forestry, and recreation
Free admission to state parks for 4th graders
Under current law, no person may operate a vehicle in any state park or in
certain other recreational areas on state land unless the vehicle displays a vehicle
admission receipt. The bill requires DNR to waive the fee for an annual vehicle
admission receipt issued to the parent or guardian of a student receiving a 4th grade
level of instruction. A parent or guardian of a qualifying pupil may apply to DNR for
the waiver by submitting required certifications. A parent or guardian may receive
the waiver only once in his or her lifetime and DNR may issue a waiver only once for
a household. The bill also requires DNR to provide on its website an activity guide
for state parks, forests, recreation areas, and trails.
Recreational vehicle online registration
Under current law, no person may operate an ATV, UTV, or snowmobile and no
owner may give permission for such operation unless the ATV, UTV, or snowmobile
is registered with DNR. Current law allows DNR to appoint persons who are not
DNR employees as agents to issue, transfer, or renew registration documents for
ATVs, UTVs, and snowmobiles and to issue reprints of those documents. Current
law provides that an agent who accepts an application and required fees for ATV,
UTV, or snowmobile registration documents must issue to the applicant a temporary
operating receipt or some or all of the registration documents at the time the
application is submitted, and issue any remaining registration documents directly
from DNR at a later date. The bill allows an agent to accept an application by
facilitating an online application for registration documents.
Current law requires every ATV, UTV, or snowmobile manufacturer, dealer,
distributor, or renter to register with DNR and apply to DNR for, respectively, a
commercial ATV and UTV or commercial snowmobile certificate. The bill allows
these applications to be completed through an online application system.
Under current law, no person may operate an off-highway motorcycle (OHM)
off the highways and no owner may give permission for such operation unless the
OHM is registered with DNR. Current law requires an OHM dealer to register with
DNR and apply to obtain a commercial OHM certificate. Current law requires an
OHM dealer to require an OHM buyer to pay the applicable registration fee and
complete an application for registration of an OHM. Current law requires an OHM
dealer to affix a decal issued by DNR to a removable plate or sign on an OHM offered
for sale. If a commercial OHM certificate or decal is lost or destroyed, current law
allows the holder to apply to DNR for a duplicate. The bill allows for all of these
applications to be completed through an online application system.
Current law requires an OHM dealer to provide an OHM buyer with a
temporary operating receipt, and to mail or deliver the application and fee to DNR
no later than seven days after the date of the sale. If ownership of an unregistered
OHM is transferred by a person other than an OHM dealer, current law requires the
buyer or transferee to complete an application for registration. If ownership of a
registered OHM is transferred, current law requires the transferee to complete an
application for transfer on a DNR form and mail or deliver the form to DNR within
10 days after the date of transfer. The bill allows for all of these applications to be
completed through an online application system.
Boating enforcement aids
Under current law, a county or municipality that operates a water safety patrol
unit is eligible for an aid payment that is calculated based on the costs that are
directly attributable to the operation and maintenance of the water safety patrol
unit. Aid payments are currently limited to 75 percent of these costs. The bill
increases the aid payment limit to 80 percent of costs.
Vehicle registration and trail use fee retention
Off-highway motorcycle administration
Under current law, moneys received from the sale of nonresident trail passes
for OHM operation are not credited to a specific appropriation but are deposited in
the conservation fund. Under the bill, all moneys received from the sale of
nonresident trail passes for OHM operation will continue to be deposited in the
conservation fund but will be credited to the appropriation account that provides
DNR moneys to administer the OHM program.
Snowmobile aids for trail maps and grooming tracker
Under current law, state aid is available for snowmobile trail development,
maintenance, rehabilitation, and signage. The bill expands the purposes for which
this state aid may be used to include payment of a qualified vendor to provide
real-time tracking of snowmobile trail grooming through DNR's online trail
grooming reporting system (commonly known as the Snowmobile Automated
Reporting System, or SNARS) and to develop and maintain an accurate, statewide
geographic information system map of snowmobile trails.
Withdrawal of county forest lands for sale to American Indian tribes
Under current law, a county board may designate certain land as a county forest
and enter that designation by application to DNR. The county must manage the
county forest for recreational use, timber harvesting, and other specified purposes
and DNR must make payment to the county based on the acreage of county forest the
county maintains. A county may subsequently apply to DNR to withdraw the entry
of land as a county forest and sell the land. If the sale is to be to a person other than
the state or a local unit of government, DNR must establish a minimum value for the
land to be withdrawn. Under the bill, county forest that is withdrawn to be sold to
an American Indian tribe or band is also excluded from the requirement that DNR
establish the minimum value of the land to be withdrawn.
Emergency rule making for the urban forestry grant program
Under current law, DNR administers an urban forestry grant program to
provide grants to municipalities and NCOs to undertake various tree projects in
urban areas. The bill allows DNR to promulgate emergency rules to incorporate new
priorities and categories of grants and recipients and to increase the minimum
amount of urban forestry grants, without finding that an emergency exists or
providing evidence that promulgating an emergency rule is necessary to preserve
public peace, health, safety, or welfare.
Fish, game, and wildlife
Use of ID card to establish residency for DNR approvals
Under current law, DNR issues approvals that authorize the holder of the
approval to engage in certain activities, such as hunting wild animals. In general,
residents of the state are issued a different approval, for a lower fee, than
nonresidents of the state. Current law provides that a resident is anyone who has
maintained a permanent abode in the state for at least 30 days prior to applying for
an approval, which must be established by demonstrating domiciliary intent. Under
current law, evidence of domiciliary intent includes voting, paying personal income
taxes, or obtaining a driver's license at a location in the state. The bill provides that
domiciliary intent may also be satisfied by obtaining an identification card issued by
DOT. Under current law, an identification card issued by DOT is required to contain
the same information that is required for an operator's license, including the license
holder's name, address, and photograph, but must be clearly labeled as providing
only identification of the card's holder.
Waterfowl stamp fee and uses
Under current law generally, no person may hunt waterfowl unless he or she
is issued a conservation patron license, a hunting license authorizing the hunting of
small game and a waterfowl hunting stamp, or a sports license and a waterfowl
hunting stamp. The bill raises the fee for a waterfowl hunting stamp from $6.75 to
$11.75. Current law requires DNR to spend 67 percent of the money received from
fees for waterfowl hunting stamps for developing, managing, preserving, restoring,
and maintaining wetland habitat and for producing waterfowl and ecologically
related species of wildlife. Under the bill, DNR may also provide those moneys to
NCOs and local units of government for developing and restoring wetland habitat.
