1995 Wisconsin Act 216

216,44n Section 44n. 46.54 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department shall distribute $180,000 in each fiscal year to counties to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects and public mental health information activities.

216,45 Section 45 . 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s. 46.40 (2m) (c) (4m), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3).

216,46 Section 46 . 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (2m) (c) (4m) for at-risk, low-income and respite child care services under subs. (2m) and (4g) to county departments under s. 46.215, 46.22 or 46.23. In addition, the department shall distribute the funds allocated under s. 46.40 (1), (2m) (c) and (4m) for low-income and respite child care services under sub. (3) to private nonprofit child care providers who provide child care for the children of migrant workers.

216,46b Section 46b. 49.029 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.029 (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.

216,46d Section 46d. 49.143 (1) (a) of the statutes, as created by 1995 Wisconsin Act .... (Assembly Bill 591), is amended to read:

49.143 (1) (a) Except as provided in par. (am) pars. (am) and (av), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph at least 6 months before the date that is specified in s. 49.141 (2) (d).

216,46h Section 46h. 49.143 (1) (av) of the statutes is created to read:

49.143 (1) (av) 1. In a county having a population of 500,000 or more the department shall, prior to awarding a contract to administer Wisconsin works in that county, work with the county for a period not to exceed 6 months to establish a plan for the first 2 years of administration of Wisconsin works in that county. The plan shall establish the methodology for conducting a competitive bidding process to award a contract to administer Wisconsin works in that county. The plan shall identify an administrator to oversee the administrative structure of Wisconsin works in that county and to oversee the Wisconsin works agencies in that county. In establishing a selection process for Wisconsin works agencies in the county, if the county has met the aid to families with dependent children caseload performance standards established by the department under par. (am), the plan shall, to the extent practicable, give preference to agencies that administer the job opportunities and basic skills program under s. 49.193 in that county.

2. a. If a plan is approved by the department and the county, the department shall award a contract to administer Wisconsin works in that county in accordance with the plan. The plan shall remain in effect for 2 years.

b. If a plan is not approved by the department or the county, the department shall award a contract to administer Wisconsin works in accordance with par. (a) or (am), whichever is applicable.

216,46hb Section 46hb. 49.143 (1) (ay) of the statutes is created to read:

49.143 (1) (ay) A county or tribal governing body that enters into a contract under par. (a) or (am) 1. but elects not to compete for a subsequent contract under par. (a) shall provide the notice required under this paragraph at least 6 months prior to the expiration of its contract under par. (a) or (am) 1. A county or tribal governing body that elects not to enter into a contract under par. (am) 1. or to compete for a contract under par. (am) 2. shall provide the notice required under this paragraph by the date established by the department, by rule, under par. (am) 1. The notice shall be provided to all employes of the county or tribal governing body who may be laid off as a result of the county's or tribal governing body's election not to enter into or compete for a contract and to the certified or recognized collective bargaining representatives of such employes, if any. The notice shall inform the employes and the representatives that the county or tribal governing body is making the election not to enter into or compete for a contract; that the employes may be laid off as a result of that election; that the employes may wish to consider forming a private agency to bid on the contract under par. (a); that the employes may obtain information from the department on the competitive process under par. (a) and the contract requirements under this section; and that the employes may obtain information from the department on steps that the employes might take to organize themselves to form a private agency for the purposes of competing for a contract under par. (a). The department shall provide the information specified in this paragraph upon the request of any employe or collective bargaining representative described in this paragraph.

216,46k Section 46k. 49.45 (6t) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (title) County department and local health department operating deficit reduction. (intro.) From the appropriation under s. 20.435 (1) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a county department under s. 46.215, 46.22, 46.23 or 51.42 or by a local health department, as defined in s. 250.01 (4), for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., j., k. and L., 9. and 15., for case management services under s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under 42 USC 1396d (r) (5), the department shall allocate up to $4,500,000 in each fiscal year to these county departments, or local health departments as determined by the department, and shall perform all of the following:

216,46L Section 46L. 49.45 (6t) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (a) For the reduction of operating deficits incurred by the county departments or local health departments, estimate the availability of federal medicaid funds that may be matched to county, city, town or village funds that are expended for costs in excess of reimbursement for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., j., k. and L., 9. and 15., for case management services under s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under 42 USC 1396d (r) (5).

216,46m Section 46m. 49.45 (6t) (b) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (b) (intro.) Based on the amount estimated to be available under par. (a), develop a method, which need not be promulgated as rules under ch. 227, to distribute this allocation to the individual county departments under s. 46.215, 46.22, 46.23 or 51.42 or to local health departments that have incurred operating deficits that shall include all of the following

216,46n Section 46n. 49.45 (6t) (b) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (b) (2) Agreement, by the county in which is located a county department that has an operating deficit, or by the county, city, town or village that has established a local health department that has an operating deficit, to provide funds to match federal medicaid funds.

216,46p Section 46p. 49.45 (6t) (b) 3. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (b) 3. Consideration of the size of a county department's or local health department's operating deficit.

216,47 Section 47 . 51.05 (3m) of the statutes is amended to read:

51.05 (3m) Notwithstanding s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that, before July 1, 1997 1999, there are sufficient revenues, as projected by the department of health and social services, to cover anticipated expenditures by that date under the appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota mental health institute or the Winnebago mental health institute. The department of health and social services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, and ending on July 1, 1997 1999, concerning the implementation of this plan.

216,47m Section 47m. 66.019 (5) of the statutes is amended to read:

66.019 (5) Taxes levied before incorporation; how collected and divided. Whenever a village or city is incorporated from territory within any town or towns, after the assessment of taxes in any year and before the collection of such taxes, the tax so assessed shall be collected by the town treasurer of the town or the town treasurers of the different towns of which such village or city formerly constituted a part, and all moneys collected from the tax levied for town purposes shall be divided between the village or city and the town or the towns, as provided by s. 66.03 (13) (a) 1., for the division of property owned jointly by towns and villages.

216,48 Section 48 . 66.023 (1) (a) of the statutes is amended to read:

66.023 (1) (a) “Department" means the department of administration commerce.

216,48g Section 48g. 66.03 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

66.03 (5) Apportionment board. The boards or councils of the municipalities, or committees, thereof selected for that purpose, acting together, shall constitute an apportionment board. When any municipality is dissolved by reason of all of its territory being so transferred the board or council thereof existing at the time of such dissolution shall, for the purpose of this section, continue to exist as the governing body of such municipality until there has been an apportionment of assets by agreement of the interested municipalities or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested municipalities, or an order of the circuit court becomes final, a copy of such apportionment agreement, or of such order, certified to by the clerks of the interested municipalities, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the department of education, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any municipality, or with any other entity from which payment would have become due if such dissolved municipality from which such territory was transferred had continued in existence. Thereafter Subject to ss. 79.006 and 86.303 (4), thereafter payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a municipality, or from any other entity from which payments would have become due if such dissolved municipality from which such territory was transferred had continued in existence, shall be paid to the interested municipality as provided by such agreement for apportionment of assets or by any order of apportionment by the circuit court and such payments shall have the same force and effect as if made to the dissolved municipality from which such territory was transferred.

216,48m Section 48m. 66.03 (13) (a) of the statutes is renumbered 66.03 (13) (a) 1. and amended to read:

66.03 (13) (a) 1. Whenever Subject to subd. 2., if any territory is annexed, detached or incorporated in any year, general property taxes levied against the territory shall be collected by the treasurer of the municipality in which the territory was located on January 1 of such year, and all moneys collected from the tax levied for local municipal purposes shall be allocated to each of the municipalities on the basis of the portion of the calendar year the territory was located in each of the municipalities, and paid accordingly.

216,48r Section 48r. 66.03 (13) (a) 2. of the statutes is created to read:

66.03 (13) (a) 2. If a city or village is incorporated after January 1 and before April 1, the procedures described in subd. 1 shall be applied as if the city or village was incorporated on January 1 of the year in which it was incorporated and the territory shall be treated for purposes of ch. 70 as if the incorporation had occurred on January 1.

216,49 Section 49 . 66.066 (2) (b) (intro.) of the statutes is amended to read:

66.066 (2) (b) (intro.) All moneys received from any bonds issued under this section shall be applied solely for purchasing, acquiring, leasing, constructing, extending, adding to, improving, conducting, controlling, operating or managing a public utility, and in the payment of the cost of any subsequent necessary additions, improvements and extensions. Bonds issued under this section shall be secured by a pledge of the revenues of the public utility to the holders of the bonds and to the holders of any coupons of the bonds and may be additionally secured by a mortgage lien upon the public utility to the holders of the bonds and to the holders of any coupons of the bonds. If a mortgage lien is created by ordinance or resolution, the lien shall be perfected by publication of the ordinance or resolution or by recording of the ordinance or resolution in the records of the municipality. In addition, the municipality may record the lien by notifying the register of deeds of the county in which the public utility is located concerning its issuance of bonds. If the register of deeds receives notice from the municipality, the register of deeds shall record any mortgage lien created. The public utility shall remain subject to the pledge and, if created, the mortgage lien until the payment in full of the principal and interest of the bonds. Upon repayment of bonds for which a mortgage lien has been created, the register of deeds shall, upon notice from the municipality, record a satisfaction of the mortgage lien. Any holder of a bond or of any coupons attached to a bond may either at law or in equity protect and enforce this pledge and, if created, the mortgage lien and compel performance of all duties required of the municipality by this section. Any municipality may provide for additions, extensions and improvements to a public utility that it owns by additional issues of bonds under this section. Such additional issues of bonds shall be subordinate to all prior issues of bonds under this section, but a municipality may in the ordinance or resolution authorizing bonds permit the issue of additional bonds on a parity therewith. Any municipality may issue new bonds under this section to provide funds for refunding any outstanding bonds, bond anticipation notes or promissory notes municipal obligations, including interest, issued under this section or under ch. 67 for any of the purposes stated in sub. (1m). Refunding bonds issued under this section are subject to the following provisions:

216,50 Section 50 . 66.066 (2) (b) 1. of the statutes is amended to read:

66.066 (2) (b) 1. Refunding bonds may be issued to refinance more than one issue of outstanding bonds or promissory notes municipal obligations notwithstanding that such outstanding bonds or promissory notes municipal obligations may have been issued at different times and may be secured by the revenues of more than one public utility. Any such public utilities may be operated as a single public utility, subject however to contract rights vested in holders of bonds or promissory notes being refinanced. A determination by the governing body that any refinancing is advantageous or necessary to the municipality shall be conclusive.

216,51 Section 51 . 66.066 (2) (b) 5. of the statutes is amended to read:

66.066 (2) (b) 5. The governing body may, in addition to other powers conferred by this section, include a provision in any ordinance or resolution authorizing the issuance of refunding bonds pledging all or any part of the revenues of any public utility or utilities or combination thereof originally financed or extended or improved from the proceeds of any of the bonds, bond anticipation notes or promissory notes municipal obligations being refunded, and pledging all or any part of the surplus income derived from the investment of any trust created in relation to the refunding.

216,51d Section 51d. 79.006 of the statutes is amended to read:

79.006 New incorporations. In the case of municipalities formed after 1976, the The information needed for the determinations under this chapter shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to its respective full value in the first year of assessment of the new municipality; if the municipality is formed before April 1, the department of administration shall certify the population of the newly created municipality, and the corrected population of the municipality from which it was formed, and those figures shall be used for distributions under this chapter in the year after the incorporation.

216,51g Section 51g. 86.302 (1m) of the statutes is renumbered 86.302 (1m) (a).

216,51m Section 51m. 86.302 (1m) (b) of the statutes is created to read:

86.302 (1m) (b) Upon incorporation of a village or city, the board of the village and the governing body of the city shall file with the department and with the county clerk a certified plat of the village or city showing the roads and streets under its jurisdiction and the mileage thereof to be open and used for travel as of the date of incorporation, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets on boundary lines shall be considered as lying in the village or city.

216,51p Section 51p. 86.303 (4) of the statutes is renumbered 86.303 (4) (a) and amended to read:

86.303 (4) (a) The multiyear average costs used to determine the share of cost aids amount for local units of government shall be based on the 6 most recent years for which actual costs are available. Multiyear average costs for a newly incorporated municipality shall be based on the number of years for which cost data is available until average cost data is based on 6 years of actual costs. If no cost data is available for a newly incorporated municipality, the department may allocate costs for the municipality until actual cost data is available.

216,51t Section 51t. 86.303 (4) (b) of the statutes is created to read:

86.303 (4) (b) In the case of municipalities formed within the previous 6 years, the information needed for the determinations under this section shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to the total mileage of roads and streets under their respective jurisdictions. In making these calculations, the department shall use the certified plats filed under s. 86.302 (1).

216,52 Section 52 . 93.20 (1) of the statutes is amended to read:

93.20 (1) Definition. In this section, “action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 127.

216,53 Section 53 . 111.71 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 3803t, is amended to read:

111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1. or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cm) 3., 4. and 6. and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3) shall not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

216,54 Section 54 . 119.23 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

119.23 (2) (b) In the 1995-96 school year, no more than 7% of the school district's membership may attend private schools under this section. Beginning in the 1996-97 school year, no more than 15% of the school district's membership may attend private schools under this section. If in any school year there are more spaces available in the participating private schools than the maximum number of pupils allowed to participate, the department shall prorate the number of spaces available at each participating private school.

216,55 Section 55 . 146.59 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 146.59 (2) (a) and amended to read:

146.59 (2) (a) Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), the University of Wisconsin Hospitals and Clinics board shall negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority authority that meets the requirements under s. 233.04 (4) and shall comply with s. 233.04 (4m) (a).

216,56 Section 56 . 146.59 (1) of the statutes is created to read:

146.59 (1) In this section:

(a) “Authority" means the University of Wisconsin Hospitals and Clinics Authority.

(b) “Board" means the University of Wisconsin Hospitals and Clinics Board.

216,56m Section 56m. 146.59 (2) (b) of the statutes is created to read:

146.59 (2) (b) If a contractual services agreement is terminated under s. 233.04 (4m) (b), the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority or the board of regents of the University of Wisconsin System under s. 233.04 (4m) (b).

216,57 Section 57 . 146.59 (3) of the statutes is created to read:

146.59 (3) (a) Any contractual services agreement under sub. (2) may include a provision that authorizes the authority to perform specified duties for the board with respect to employes of the board. This authorization may include duties related to supervising employes, taking disciplinary action or recommending new hires or layoffs, or with respect to collective bargaining, claims, complaints, or benefits and records administration.

(b) Any authorization under par. (a) shall comply with all applicable provisions of subch. V of ch. 111 and ch. 230, any delegation of authority by the department of employment relations to the board, and any collective bargaining agreement with respect to employes of the board.

216,58 Section 58 . 190.13 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

190.13 Report to stockholders. Every railroad corporation shall make an annual report to its stockholders of its operations for the preceding calendar year, or for its fiscal year, as the case may be, which report shall contain a balance sheet showing its assets and liabilities, its capital stock, and funded debt, and an income account showing its operating revenues, operating expenses, gross and net income, as the result of its traffic or business operations, and such other information in respect of its affairs as the board of directors shall deem advisable. A copy of each such report shall be kept on file in its principal office in this state, shall be mailed to each stockholder whose post-office address is known and shall be filed with the department of financial institutions office of the commissioner of railroads.

216,59 Section 59 . 220.02 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 409.411 (2) and amended to read:

409.411 (2) The division department shall establish and maintain, in consultation with the uniform commercial code statewide lien system council, computer and any other services necessary to support the uniform commercial code statewide lien system under s. 409.410 but may not maintain a central filing system, as defined in 7 USC 1631 (c) (2), for farm products, as defined in 7 USC 1631 (c) (5).

216,60g Section 60g. 230.08 (2) (e) 4m. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

230.08 (2) (e) 4m. Gaming board — 3 1.

216,60r Section 60r. 230.08 (2) (m) 2m. of the statutes is amended to read:

230.08 (2) (m) 2m. Gaming commission board.

216,61 Section 61 . 230.08 (2) (yn) of the statutes is amended to read:

230.08 (2) (yn) The executive secretary and staff of the Kickapoo valley governing reserve management board.

216,61g Section 61g. 233.02 (1) (am) of the statutes is created to read:

233.02 (1) (am) Each cochairperson of the joint committee on finance or a member of the committee designated by that cochairperson.

216,61m Section 61m. 233.04 (3b) (b) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (3b) (b) Paragraph (a) does not apply unless a lease agreement under sub. (7) or (7g), and an affiliation agreement under sub. (7m) or (7p), and a contractual services agreement under sub. (4) or (4m) are in effect that comply with all applicable requirements of those provisions. In the event any either of these agreements are not in effect, the on-campus facilities and all assets and liabilities, tangible personal property, contracts, rules, policies and procedures and pending matters of the authority any improvements, modifications or other facilities specified in sub. (7) (c) shall transfer to or otherwise become the obligation of the board of regents.

216,62 Section 62 . 233.04 (4) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (4) (intro.) Subject to s. 146.59 and 1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Board for the provision of services by employes of the University of Wisconsin Hospitals and Clinics Board beginning on June 29, 1996, for an initial period of not more than 2 years, provided that the agreement shall remain in effect after expiration of its initial period if the agreement has not been extended or renewed under sub. (4m). The agreement shall include all of the following:

216,62d Section 62d. 233.04 (4m) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (4m) (a) Submit any modification, extension or renewal of the contractual services agreement under sub. (4) to the joint committee on finance. No Except as otherwise provided in this paragraph, no extension or renewal of the contractual services agreement may be for a period of more than 2 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the University of Wisconsin Hospitals and Clinics Board only upon approval of the committee. Any extension or renewal of a contractual services agreement under this subsection shall remain in effect after expiration of its applicable period if the agreement has not been further extended or renewed under this subsection.

216,62g Section 62g. 233.04 (4m) (b) of the statutes, as created by 1995 Wisconsin Act 27, is repealed and recreated to read: