1995 Wisconsin Act 216

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:

233.04 (4m) (b) If a lease agreement under sub. (7) or (7g) or an affiliation agreement under sub. (7m) or (7p) is not in effect, the contractual services agreement is terminated and the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the board of directors that meets the requirements under sub. (4) (a) and (b) or with the board of regents that meets the requirements under s. 36.25 (13g) (c).

216,63m Section 63m. 233.04 (7) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (7) (intro.) Subject to s. 233.05 (1) and 1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into a lease agreement with the board of regents to lease the on-campus facilities beginning on June 29, 1996, for an initial period of not more than 5 30 years. The lease agreement shall include all of the following:

216,64m Section 64m. 233.04 (7g) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (7g) (a) Submit any modification, extension or renewal of the lease agreement under sub. (7) to the joint committee on finance. No extension or renewal of the lease agreement may be for a period of more than 5 30 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents only upon approval of the committee.

216,64p Section 64p. 233.04 (7g) (b) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (7g) (b) If the committee with respect to an extension or renewal of the agreement does not approve an extension or renewal of the agreement, 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.

216,64r Section 64r. 233.04 (7g) (c) of the statutes is created to read:

233.04 (7g) (c) This subsection does not apply to an automatic extension of the lease agreement under s. 233.05 (1).

216,65m Section 65m. 233.04 (7p) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (7p) (a) Submit any modification, extension or renewal of the affiliation agreement under sub. (7m) to the joint committee on finance. No extension or renewal of the affiliation agreement may be for a period of more than 5 30 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents only upon approval of the committee.

216,65p Section 65p. 233.04 (7p) (b) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (7p) (b) If the committee with respect to an extension or renewal of the agreement does not approve an extension or renewal of the agreement, 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.

216,65r Section 65r. 233.04 (7p) (c) of the statutes is created to read:

233.04 (7p) (c) This subsection does not apply to an automatic extension of the affiliation agreement under s. 233.05 (2).

216,66m Section 66m. 233.04 (7s) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

233.04 (7s) Prior to negotiation of extension or renewal of the initial lease agreement under sub. (7) or the initial affiliation agreement under sub. (7m) the initial 5-year review by the joint committee on finance under s. 13.094, notify the legislative audit bureau and cooperate with the legislative audit bureau in its performance of the audit required under s. 13.94 (1) (o).

216,66r Section 66r. 233.05 of the statutes is created to read:

233.05 Lease and affiliation agreements. (1) (a) Beginning on July 1, 1997, and any July 1 thereafter, a lease agreement under s. 233.04 (7) and an affiliation agreement under s. 233.04 (7m) are automatically extended for one year unless all of the following occur in the one-year period immediately preceding such date:

1. The board of directors or the board of regents adopts a resolution opposing the automatic extensions or the joint committee on finance takes action opposing the automatic extensions.

2. The party opposing the automatic extensions under subd. 1. provides written notice of its opposition to the other parties specified in subd. 1.

(b) If a lease agreement and an affiliation agreement are not automatically extended on any July 1 under par. (a), the lease and affiliation agreements are not automatically extended on any subsequent July 1 unless in the one-year period immediately preceding such date each party that opposed the automatic extensions withdraws its opposition and notifies the other parties specified in par. (a) 1. of such withdrawal.

(2) (a) Beginning on July 1, 1997, and any July 1 thereafter, a lease agreement under s. 233.04 (7g) or an affiliation agreement under s. 233.04 (7p) is automatically extended for one year unless all of the following occur in the one-year period immediately preceding such date:

1. The board of directors or the board of regents adopts a resolution opposing the automatic extension or the joint committee on finance takes action opposing the automatic extension.

2. The party opposing the automatic extension under subd. 1. provides written notice of its opposition to the other parties specified in subd. 1.

(b) If a lease or affiliation agreement is not automatically extended on any July 1 under par. (a), the lease or affiliation agreement is not automatically extended on any subsequent July 1 unless in the one-year period immediately preceding such date each party that opposed the automatic extension withdraws its opposition and notifies the other parties specified in par. (a) 1. of such withdrawal.

(3) Notwithstanding subs. (1) and (2), the lease agreement under s. 233.04 (7) or (7g) and the affiliation agreement under s. 233.04 (7m) or (7p) are subject to review and termination by the joint committee on finance under s. 13.094.

216,67 Section 67 . 233.12 of the statutes is created to read:

233.12 Maintenance of records. (1) (a) Subject to rules promulgated by the department of administration under s. 16.611, the authority may transfer to or maintain in optical disk or electronic format any record in its custody and retain the record in that format only.

(b) Subject to rules promulgated by the department of administration under s. 16.611, the authority shall maintain procedures to ensure the authenticity, accuracy, reliability and accessibility of records transferred to or maintained in optical disk or electronic format under par. (a).

(c) Subject to rules promulgated by the department of administration under s. 16.611, if the authority transfers to or maintains in optical disk or electronic format any records in its custody, the authority shall ensure that the records stored in that format are protected from unauthorized destruction.

(2) (a) Any microfilm reproduction of an original record of the authority, or a copy generated from an original record stored in optical disk or electronic format, is considered an original record if all of the following conditions are met:

1. Any device used to reproduce the record on film or to transfer the record to optical disk or electronic format and generate a copy of the record from optical disk or electronic format accurately reproduces the content of the original.

2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the public records board, or the optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department of administration under s. 16.611.

3. The film is processed and developed in accordance with the minimum standards established by the public records board.

4. The record is arranged, identified and indexed so that any individual document or component of the record can be located with the use of proper equipment.

5. The custodian of the record designated by the authority executes a statement of intent and purpose describing the record to be reproduced or transferred to optical disk or electronic format and the disposition of the original record, and executes a certificate verifying that the record was received or created and microfilmed or transferred to optical disk or electronic format in the normal course of business and files the statement in the offices of the authority.

(b) The statement of intent and purpose executed under par. (a) 5. is presumptive evidence of compliance with all conditions and standards prescribed by this subsection.

(3) (a) Any microfilm reproduction of a record of the authority meeting the requirements of sub. (2) or copy of a record of the authority generated from an original record stored in optical disk or electronic format in compliance with this section shall be taken as, stand in lieu of and have all the effect of the original document and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible.

(b) Any enlarged copy of a microfilm reproduction of a record of the authority made as provided by this section or any enlarged copy of a record of the authority generated from an original record stored in optical disk or electronic format in compliance with this section that is certified by the custodian as provided in s. 889.08 shall have the same force as an actual-size copy.

216,67m Section 67m. 233.20 (1m) of the statutes is created to read:

233.20 (1m) The authority may issue bonds only if a majority of the board of directors determines that, to the extent possible without having an adverse impact on the ability of the authority to sell bonds at a given interest rate, the terms on which the bonds are to be offered are structured in such a way as to accommodate the possibility of the early termination of the lease or affiliation agreement, or both. The board shall base a determination under this subsection on the best information available to the board at the time the determination is made.

216,67r Section 67r. 342.40 (1) of the statutes is amended to read:

342.40 (1) No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public highway or private or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Except as otherwise provided in this subsection section, whenever any vehicle has been left unattended without the permission of the property owner for more than 48 hours in cities of the 1st class and, in other cities, villages and towns, a period set by the governing body thereof, the vehicle is deemed abandoned and constitutes a public nuisance. A motor vehicle shall not be considered an abandoned motor vehicle when it is out of ordinary public view, or when designated as not abandoned by a duly authorized municipal or county official pursuant to municipal or county ordinance.