Date of enactment: April 18, 1996
1995 Senate Bill 565 Date of publication*: April 29, 1996
* Section 991.11, Wisconsin Statutes 1993-94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1995 WISCONSIN ACT 216
(Vetoed in Part)
An Act to repeal 46.043, 46.043 and 560.82 (4) (a) 3.; to renumber 14.015 (2) (intro.) and (a) to (d), 14.015 (2) (e) 1. to 6., 14.015 (2) (e) 7. and (f) to (h), 15.187 (1) (a), 20.445 (5) (e), 20.923 (6) (bh), 44.25 (5g) and (5r) and 86.302 (1m); to renumber and amend 14.015 (2) (e) (intro.), 14.015 (2m), 15.187 (1) (b), 20.143 (3) (kc), 20.245 (4) (d), 20.245 (4) (i), 20.380 (3) (ir), 66.03 (13) (a), 86.303 (4), 146.59, 220.02 (7) and 560.82 (4) (a); to amend 13.48 (13) (a), 13.94 (1) (o), 14.02, 15.07 (1) (b) 20., 15.07 (5) (y), 15.445 (2) (title), 15.445 (2) (a), 16.61 (3) (s), 16.611 (2) (a), 16.611 (2) (c), 16.62 (1) (a), 16.62 (1) (b), 16.62 (1) (bm), 16.62 (1) (c), 20.143 (1) (km), 20.144 (1) (g), 20.144 (2) (g), 20.245 (4) (h), 20.380 (2) (ip), 20.380 (2) (ms), 20.380 (2) (q), 20.435 (7) (o), 20.505 (1) (im), 20.575 (1) (i), 20.866 (1) (u), 20.866 (2) (v), 20.866 (2) (w), 20.923 (6) (L), 23.50 (1), 23.53 (1), 23.56 (1), 23.57 (1) (intro.), 23.58, 23.62 (1) (intro.), 40.22 (2) (g), 41.41 (1) (a), 46.057 (1) and (2), 46.52, 46.54, 46.979 (2) (a), 46.98 (2) (a), 49.029 (3), 49.143 (1) (a), 49.45 (6t) (intro.), 49.45 (6t) (a), 49.45 (6t) (b) (intro.), 49.45 (6t) (b) 2., 49.45 (6t) (b) 3., 51.05 (3m), 66.019 (5), 66.023 (1) (a), 66.03 (5), 66.066 (2) (b) (intro.), 66.066 (2) (b) 1., 66.066 (2) (b) 5., 79.006, 93.20 (1), 111.71 (2), 119.23 (2) (b), 190.13, 230.08 (2) (e) 4m., 230.08 (2) (m) 2m., 230.08 (2) (yn), 233.04 (3b) (b), 233.04 (4) (intro.), 233.04 (4m) (a), 233.04 (7) (intro.), 233.04 (7g) (a), 233.04 (7g) (b), 233.04 (7p) (a), 233.04 (7p) (b), 233.04 (7s), 342.40 (1), 342.40 (3) (a), 346.94 (13), 422.505 (1) (e), 426.103, 426.104 (2) (intro.), 938.02 (15m), 938.183 (1) (a), 939.635 (1) and 939.635 (2) (b); to repeal and recreate 20.320 (1) (t), 20.866 (2) (v), subchapter IX of chapter 40 [precedes 40.95] and 233.04 (4m) (b); to create 13.094, 15.96 (1m), 20.525 (1) (g), 36.25 (13g), 40.02 (25) (b) 2g., 40.52 (3m), 46.057, 49.143 (1) (av), 49.143 (1) (ay), 66.03 (13) (a) 2., 86.302 (1m) (b), 86.303 (4) (b), 146.59 (1), 146.59 (2) (b), 146.59 (3), 233.02 (1) (am), 233.04 (7g) (c), 233.04 (7p) (c), 233.05, 233.12, 233.20 (1m), 342.40 (4), 409.411 (title) and 560.82 (4) (a) 2. and 3. of the statutes; and to affect 1995 Wisconsin Act 27, section 9322, 1995 Wisconsin Act 27, section 9422, 1995 Wisconsin Act .... (Senate Bill 373), section 9331 (3) and (6) and 1995 Wisconsin Act .... (Senate Bill 373), section 9431 (2); relating to: recovery of enforcement costs by the department of agriculture, trade and consumer protection in drainage district cases; transferring responsibility for administration of the Wisconsin consumer act; transferring responsibility for supporting the uniform commercial code statewide lien system; correcting references in certain appropriations of the department of financial institutions; the number of unclassified division administrator positions in the gaming board; reversion of transferred funds to the Wisconsin development fund; minority business early planning projects; renumbering the appropriation for administrative services for regulation of industry, safety and buildings; the Milwaukee parental choice program; collection of certain fees by the employment relations commission; payment of principal and interest on bonds issued for the clean water fund program; establishing a Mendota juvenile treatment center; a plan to assure continued funding for the mental health institutes; expanding the county department operating deficit reduction program; changing funding requirements for integrated community services; expanding types of recipients of funds distributed for consumer and family self-help and peer-support programs; transferring an appropriation for principal repayment and interest from the department of industry, labor and job development to the department of health and family services; changing references to low-income and at-risk child care funding; the use of relief block grant funds by tribal governing bodies; administration of Wisconsin works in counties having a population of 500,000 or more; notices and assistance to employes affected who may be laid off as a result of an election by a county or tribal governing body not to enter into or compete for an agency contract under the Wisconsin works program; state involvement with certain municipal boundary changes; refunding of municipal bonds; a performance evaluation audit of the University of Wisconsin Hospitals and Clinics Authority; the lease agreement and affiliation agreement between the University of Wisconsin System and the University of Wisconsin Hospitals and Clinics Authority; the contractual services agreement between the University of Wisconsin Hospitals and Clinics Board and the University of Wisconsin Hospitals and Clinics Authority; accumulated sick leave credits for the purchase of health insurance under the Wisconsin retirement system; making certain employes at the University of Wisconsin Hospitals and Clinics Authority eligible for health insurance coverage under a plan offered by the group insurance board and requiring the group insurance board to consult with the University of Wisconsin Hospitals and Clinics Authority in the establishment of this plan; issuance of bonds by the University of Wisconsin Hospitals and Clinics Authority; membership of the University of Wisconsin Hospitals and Clinics Board and of the board of directors of the University of Wisconsin Hospitals and Clinics Authority; storage and management of records of the University of Wisconsin Hospitals and Clinics Authority; applicability of municipal ordinances and regulations to certain buildings, structures and facilities constructed for the benefit or use of local professional baseball park districts; newly incorporated municipalities' populations for shared revenue distributions; local transportation aids for newly incorporated cities and villages; taxes levied by newly incorporated cities and villages; changing the name of the Kickapoo valley governing board; the effective date and initial applicability of adjustments in certain lobbying regulation fees; railroad stockholder reports; bonding authorizations for the department of health and social services; funding and authorized full-time equivalent positions for the land information board; funding, powers and duties of the Wisconsin sesquicentennial commission; prevailing hours of labor for workers employed on state or local public works projects; vehicle abandonment; granting bonding authority; granting rule-making authority; and making and decreasing appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
216,1g Section 1g. 13.094 of the statutes is created to read:
13.094 Review of University of Wisconsin Hospitals and Clinics Authority lease and affiliation agreements. (1) Five-year review. By June 29, 2001, and every 5 years thereafter by June 29, the joint committee on finance shall review the lease agreement under s. 233.04 (7) or (7g) and the affiliation agreement under s. 233.04 (7m) or (7p). If the joint committee on finance determines that either the lease agreement or the affiliation agreement, or both, should be terminated, the committee shall submit its recommendations regarding the agreements to the legislature under s. 13.172 (2). The committee's recommendations shall include any suggested legislation necessary to adequately provide for the protection of the bondholders and those entering into contracts with the authority or to modify the powers and duties of the University of Wisconsin Hospitals and Clinics Authority to reflect termination of the lease agreement or affiliation agreement, or both.
(2) Termination of agreements. If legislation has been enacted to adequately provide for the protection of the bondholders and those entering into contracts with the authority or to modify the powers and duties of the University of Wisconsin Hospitals and Clinics Authority to reflect termination of the lease agreement or affiliation agreement, or both, or if such legislation is not necessary to adequately provide for the protection of the bondholders and those entering into contracts with the authority or to modify the powers and duties of the authority, the committee may terminate the lease agreement or affiliation agreement, or both.
(3) Recommended legislation. If the lease agreement under s. 233.04 (7) or (7g) or the affiliation agreement under s. 233.04 (7m) or (7p) ceases to be in effect for a reason other than termination under sub. (2), the joint committee on finance shall recommend any legislation that it considers appropriate or desirable in light of the lease agreement or affiliation agreement ceasing to be in effect to adequately provide for the protection of the bondholders of the University of Wisconsin Hospitals and Clinics Authority and those entering into contracts with the authority or to modify the powers and duties of the authority. The joint committee on finance shall submit its recommendations to the legislature under s. 13.172 (2).
216,1m Section 1m. 13.48 (13) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 24c, is amended to read.
13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state or, any state agency, board, commission or department or, the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations and zoning ordinances or regulations of the municipality in which the construction takes place but the construction is not subject to other the ordinances or regulations of that the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.
216,2b Section 2b. 13.94 (1) (o) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
13.94 (1) (o) Prior to negotiation of an extension or renewal of the initial lease agreement under s. 233.04 (7) or the initial affiliation agreement under s. 233.04 (7m) between the board of regents of the University of Wisconsin System and the University of Wisconsin Hospitals and Clinics Authority the initial 5-year review by the joint committee on finance under s. 13.094, perform a performance evaluation audit and distribute a report of its findings to the distributees specified in par. (b).
216,2g Section 2g. 14.015 (2) (intro.) and (a) to (d) of the statutes are renumbered 14.015 (2) (a) (intro.) and 1. to 4.
216,2h Section 2h. 14.015 (2) (e) (intro.) of the statutes is renumbered 14.015 (2) (a) 5. (intro.) and amended to read:
14.015 (2) (a) 5. (intro.) One A representative of each of the following communities in this state:
216,2i Section 2i. 14.015 (2) (e) 1. to 6. of the statutes are renumbered 14.015 (2) (a) 5. a. to f.
216,2j Section 2j. 14.015 (2) (e) 7. and (f) to (h) of the statutes, as affected by action of the revisor of statutes under section 13.93 (1) (b) of the statutes, are renumbered 14.015 (2) (a) 5. g. and 6. to 8.
216,2k Section 2k. 14.015 (2m) of the statutes, as affected by action of the revisor of statutes under section 13.93 (1) (b) of the statutes, is renumbered 14.015 (2) (b) and amended to read:
14.015 (2) (b) In addition to the members specified in par. (a), the governor shall serve as an ex-officio member of the commission and of any committee of the commission appointed under s. 44.25 (5r) 14.26 (5r).
216,2L Section 2L. 14.02 of the statutes is amended to read:
14.02 Governor may appoint employes. The Except as provided in s. 14.26 (5g), the governor may appoint and fix the compensation of such employes as he or she deems necessary for the execution of the functions of the office of the governor and for the domestic service of the executive residence. The governor may remove any of the appointees appointed under this section at pleasure.
216,3 Section 3. 15.07 (1) (b) 20. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
15.07 (1) (b) 20. The 3 members of the Kickapoo valley governing reserve management board appointed under s. 15.445 (2) (b) 3.
216,4 Section 4. 15.07 (5) (y) of the statutes is amended to read:
15.07 (5) (y) Members of the Kickapoo valley governing reserve management board, $25 per day.
216,5 Section 5. 15.187 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 15.187 (1).
216,6 Section 6. 15.187 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 409.411 (1) and amended to read:
409.411 (1) The uniform commercial code statewide lien system council shall advise the department of financial institutions on the uniform commercial code statewide lien system under s. 409.410.
216,7 Section 7. 15.445 (2) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
15.445 (2) (title) Kickapoo valley governing reserve management board.
216,8 Section 8. 15.445 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
15.445 (2) (a) Creation. There is created a Kickapoo valley governing reserve management board which is attached to the department of tourism under s. 15.03.
216,8m Section 8m. 15.96 (1m) of the statutes is created to read:
15.96 (1m) Each cochairperson of the joint committee on finance or a member of the committee designated by that cochairperson.
216,9 Section 9. 16.61 (3) (s) of the statutes is amended to read:
16.61 (3) (s) Shall recommend to the department procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk format, including procedures to ensure the authenticity, accuracy and reliability of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such public records are protected from unauthorized destruction. The board shall also recommend to the department qualitative standards for optical disks and copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.
216,10 Section 10. 16.611 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk or electronic format and for the maintenance of public such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such public records are protected from unauthorized destruction.
216,11 Section 11. 16.611 (2) (c) of the statutes is amended to read:
16.611 (2) (c) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.
216,12 Section 12. 16.62 (1) (a) of the statutes is amended to read:
16.62 (1) (a) To advise and assist state agencies and the University of Wisconsin Hospitals and Clinics Authority in the establishment and operation of records management programs through the issuance of standards and procedures and provision of technical and management consulting services.
216,13 Section 13. 16.62 (1) (b) of the statutes is amended to read:
16.62 (1) (b) To operate a state records center and a central microfilm facility for state agencies and the University of Wisconsin Hospitals and Clinics Authority and to develop promulgate rules as necessary for efficient operation of the facilities.
216,14 Section 14. 16.62 (1) (bm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
16.62 (1) (bm) To operate a storage facility for storage of public records and records of the University of Wisconsin Hospitals and Clinics Authority in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.
216,15 Section 15. 16.62 (1) (c) of the statutes is amended to read:
16.62 (1) (c) To periodically audit state agencies' the records management programs of state agencies and the University of Wisconsin Hospitals and Clinics Authority and recommend improvements in records management practices.
216,16 Section 16. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table PDF
216,17 Section 17. 20.143 (1) (km) of the statutes, as created by 1995 Wisconsin Act 27, section 512mp, is amended to read:
20.143 (1) (km) Minority business projects; transfer. Biennially, the amounts in the schedule for grants and loans under ss. 560.82 and 560.83. All moneys transferred from the appropriation account under par. (ie) shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on July 1, 1997, is transferred to the appropriation account under par. (ie).
216,18 Section 18. 20.143 (3) (kc) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 20.143 (4) (kd) and amended to read:
20.143 (4) (kd) Administrative services. The amounts in the schedule for administrative and support services for programs administered by the department. All moneys received by the department from the department, not except for moneys directed to be deposited under par. (ks) pars. (k), (ka) and (kb) and subs. (1) (k), (ka) and (kb) and (3) (ks), as payment for administrative and support services for programs administered by the department shall be credited to this appropriation.
216,19 Section 19. 20.144 (1) (g) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
20.144 (1) (g) General program operations. The amounts in the schedule for the general program operations of the department of financial institutions. Except as provided in pars. (a), (h), (i), (ka) and (u), all moneys received by the department, other than by the office of credit unions, the division of banking and the division of savings and loan, and 88% of all moneys received by the department's division of banking and the department's division of savings and loan shall be credited to this appropriation, but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund. Annually, $200,000 of the amounts received under this appropriation account shall be transferred to the appropriation account under s. 20.575 (1) (g).
216,20 Section 20. 20.144 (2) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.144 (2) (g) General program operations. The amounts in the schedule for the general program operations of the office of credit unions and for supervision of credit unions under ch. 186. Except as provided in par. (ka), 88% Eighty-eight percent of all moneys received by the office shall be credited to this appropriation, but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund.
216,20g Section 20g. 20.245 (4) (d) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 20.525 (1) (e) and amended to read:
20.525 (1) (e) Wisconsin sesquicentennial commission; general program operations. The Biennially, the amounts in the schedule for the general program operations of the Wisconsin sesquicentennial commission under s. 44.25, to be expended upon approval of the director of the historical society 14.26.
216,20h Section 20h. 20.245 (4) (h) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.245 (4) (h) Gifts and grants. All moneys received by the historical society and the Wisconsin sesquicentennial commission from gifts, grants or bequests, except moneys that are otherwise specifically appropriated, for purposes related to executive and administrative services of the society and for the purposes for which made to and received by the commission, to be expended upon approval of the director of the historical society.
216,20i Section 20i. 20.245 (4) (i) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 20.525 (1) (h) and amended to read:
20.525 (1) (h) Wisconsin sesquicentennial commission; license revenue. All moneys received by the Wisconsin sesquicentennial commission from license fees, to be used for the general program operations of the commission under s. 44.25 upon approval of the director of the historical society 14.26.
216,21 Section 21. 20.320 (1) (t) of the statutes is repealed and recreated to read:
20.320 (1) (t) Principal repayment and interest — clean water fund bonds. From the clean water fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in transferring moneys from s. 20.866 (2) (tc) to the clean water fund for the purposes specified in s. 25.43 (3). Fifty percent of all moneys received from municipalities as payment of interest on loans or portions of loans under ss. 144.241 and 144.2415 the revenues of which have not been pledged to secure revenue obligations shall be credited to this appropriation account.
216,22 Section 22. 20.380 (2) (ip) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.380 (2) (ip) (title) Kickapoo valley governing reserve management board; program services. All moneys received by the Kickapoo valley governing reserve management board from admissions, fees, leases, concessions, memberships, sales and other similar receipts authorized under s. 41.41 to be used for the general program operations of the board under s. 41.41.
216,23 Section 23. 20.380 (2) (ms) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.380 (2) (ms) Kickapoo valley governing reserve management board; federal aid. All moneys received by the Kickapoo valley governing reserve management board from the federal government, as authorized by the governor under s. 16.54, to be used for the purposes for which made and received.
216,24 Section 24. 20.380 (2) (q) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.380 (2) (q) (title) Kickapoo valley governing reserve management board; general program operations. From the conservation fund, the amounts in the schedule for the general program operations of the Kickapoo valley governing reserve management board under s. 27.41 41.41.
216,25 Section 25. 20.380 (3) (ir) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.380 (2) (ir) and amended to read:
20.380 (2) (ir) (title) Kickapoo valley governing reserve management board; gifts and grants. All moneys received by the Kickapoo valley governing reserve management board from gifts, grants or bequests, to carry out the purpose for which received.
216,26 Section 26. 20.435 (7) (o) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.435 (7) (o) Federal aid; community aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b) and s. 46.70; all federal moneys received as child welfare funds under 42 USC 620 to 626 as limited under s. 48.985; all federal child care and development block grant funds received under 42 USC 9858 that are allocated under s. 46.40 (2m) (c) (4m) for distribution under s. 46.98 (2); all federal moneys received as child care grants under 42 USC 603 (n) as allocated under s. 46.40 (2m) (c) (4m) and distributed under s. 46.98 (2); and all unanticipated federal social services block grant funds received under 42 USC 1397 to 1397e, in accordance with s. 46.49 (2), for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the disbursal of federal funds.
216,27 Section 27. 20.445 (5) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.435 (6) (e).
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