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 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.
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