1995 Wisconsin Act 216

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.

216,67s Section 67s. 342.40 (3) (a) of the statutes is amended to read:

342.40 (3) (a) Any municipal or university police officer, police officer appointed under s. 16.84 (2), sheriff's deputy, county traffic patrolman, state traffic officer or conservation warden who discovers any motor vehicle, trailer, semitrailer, or mobile home on any public highway or private or public property which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. Upon removal of the vehicle the officer or warden shall notify the sheriff or chief of police of the abandonment and of the location of the impounded vehicle.

216,67t Section 67t. 342.40 (4) of the statutes is created to read:

342.40 (4) (a) In this subsection, “state agency" has the meaning given for “agency" in s. 227.01 (1).

(b) Notwithstanding any other provision of this section, a state agency responsible for the land on which a vehicle is left unattended and a duly authorized representative of that agency may exercise all of the powers and duties under this section of a municipality and a duly authorized municipal representative, subject to the following conditions:

1. Whenever a vehicle has been left unattended without the permission of the state agency for more than 72 hours, the vehicle is deemed abandoned and constitutes a public nuisance.

2. The state agency may promulgate rules governing the removal and disposal of abandoned vehicles and, except for abandoned vehicles that have been stolen, provide a forfeiture in addition to providing for the recovery by the state agency of the cost of impounding and disposing of the vehicle.

(c) This subsection applies to any vehicle deemed abandoned before the effective date of this paragraph .... [revisor inserts date], except that no forfeiture may be assessed against the owner of such a vehicle.

216,67tm Section 67tm. 346.94 (13) of the statutes is amended to read:

346.94 (13) Abandoned motor vehicles. No person may cause a motor vehicle to be abandoned, within the meaning of s. 342.40 (1) or (4) (b) 1., on or along any highway or on any public or private property.

216,68 Section 68 . 409.411 (title) of the statutes is created to read:

409.411 (title) Uniform commercial code statewide lien system council.

216,69 Section 69 . 422.505 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

422.505 (1) (e) A conspicuous statement, in not less than 8-point boldface type, as follows: “THIS CREDIT SERVICES ORGANIZATION IS REGISTERED BY THE DIVISION OF BANKING DEPARTMENT OF FINANCIAL INSTITUTIONS at .... (insert address)."

216,70 Section 70 . 426.103 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

426.103 Administrator. “Administrator" means the division of banking secretary of financial institutions.

216,71 Section 71 . 426.104 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

426.104 (2) (intro.) The administrator shall report annually on practices in consumer transactions, on the use of consumer credit in the state, on problems attending the collection of debts, on the problems of persons of limited means in consumer transactions, and on the operation of chs. 421 to 427. For the purpose of making the report, the administrator may conduct research and make appropriate studies. The report shall be included given to the division of banking for inclusion in the report of the division of banking under s. 220.14 and shall include:

216,72 Section 72 . 560.82 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 560.82 (4) (a) (intro.) and amended to read:

560.82 (4) (a) (intro.) Award in a fiscal biennium, for grants under sub. (1), more than 10% of the total of all of the following:

1. The funds appropriated for the fiscal biennium under s. 20.143 (1) (fm).

216,73 Section 73 . 560.82 (4) (a) 2. and 3. of the statutes are created to read:

560.82 (4) (a) 2. The lesser of the funds received in a fiscal biennium in repayment of grants or loans under s. 560.83 or the funds appropriated for the fiscal biennium under s. 20.143 (1) (im).

3. The funds appropriated for the fiscal biennium under s. 20.143 (1) (km).

216,74 Section 74 . 560.82 (4) (a) 3. of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

216,79 Section 79 . 938.02 (15m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.02 (15m) “Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or department of health and family services for holding in secure custody persons adjudged delinquent. “Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b) and a facility authorized under s. 938.538 (4) (b).

216,80 Section 80 . 938.183 (1) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility, or a secured child caring institution or a secured adolescent treatment unit under s. 46.043 or who has been adjudicated delinquent and has committed a violation of s. 940.20 (2m).

216,81 Section 81 . 939.635 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043, the court shall sentence the person to not less than 5 years of imprisonment.

216,82 Section 82 . 939.635 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or from committing violations of s. 940.20 (2m).

216,83 Section 83 . 1995 Wisconsin Act 27, section 9322 is created to read:

[1995 Wisconsin Act 27] Section 9322. Initial applicability; ethics board.

(1) Lobbying regulation fees. The treatment of sections 13.63 (1) and 13.75 (1), (1m), (2) and (4) of the statutes first applies to fees paid for the biennial period commencing on January 1, 1997.

216,84 Section 84 . 1995 Wisconsin Act 27, section 9422 is repealed.

216,85m Section 85m. 1995 Wisconsin Act .... (Senate Bill 373), section 9331 (3) and (6) are amended to read:

[1995 Wisconsin Act .... (Senate Bill 373)] Section 9331 (3) Except as provided in subsection (6), the treatment of sections 66.293 (1) (a), (cm), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (bg), (c) and (d) and (6m) (f) and 103.50 (1) (a), (bg), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statutes first apply to work performed on the effective date of this subsection.

(6) The treatment of sections 66.293 (1) (a), (cm), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (bg), (c) and (d) and (6m) (f) and 103.50 (1) (a), (bg), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statues first apply to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.

216,85p Section 85p. 1995 Wisconsin Act .... (Senate Bill 373), section 9431 (2) is amended to read:

[1995 Wisconsin Act .... (Senate Bill 373)] Section 9431 (2) The treatment of sections 66.293 (1) (a), (cm), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (bg), (c) and (d) and (6m) (f) and 103.50 (1) (a), (bg), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statutes and Section 9331 (3) and (6) of this act take effect on January 1, 1997, or on the day after publication, whichever is later.

216,9101 Section 9101. Nonstatutory provisions; administration.

(1p) Appropriation and authorized position decrease. No later than June 1, 1996, the secretary of ad ministration shall notify the cochairpersons of the joint committee on finance of a proposed decrease in an appropriation to the department made from program revenues or program revenues-service, as defined in section 20.001 (2) (b) and (c) of the statutes, in the amount of $32,400 for the 1995-96 fiscal year and $32,400 for the 1996-97 fiscal year and of a proposed decrease in the authorized FTE positions for the department of 1.0 PR position. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal within 14 working days after the date of the secretary's notification, the appropriation and authorized FTE positions for the department are decreased as proposed by the secretary. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal, the appropriation and authorized FTE position to be decreased shall be determined by the committee.

216,9123 Section 9123. Nonstatutory provisions; financial institutions.

(1) Administration of the Wisconsin consumer act.

(a) Rules and orders. All rules promulgated by the division of banking under chapters 421 to 427 of the statutes that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of financial institutions. All orders issued by the division of banking under chapters 421 to 427 of the statutes that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of financial institutions.

(b) Pending matters. Any matter pending with the division of banking under chapters 421 to 427 of the statutes on the effective date of this paragraph is transferred to the department of financial institutions and all materials submitted to or actions taken by the division of banking with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.

216,9127 Section 9127.0 Nonstatutory provisions; health and social services.

(1z) Reconciliation provisions.

(a) If 1995 Wisconsin Act .... (Senate Bill 563) is enacted into law, if section 20.866 (2) (v) of the statutes is affected by that act in the manner shown in Senate Substitute Amendment 1 to Senate Bill 563 and if the treatment of that section by that act takes effect before the effective date of this paragraph, then the amendment of section 20.866 (2) (v) of the statutes by this act is void.

(b) If 1995 Wisconsin Act .... (Senate Bill 563) is enacted into law, if section 20.866 (2) (v) of the statutes is affected by that act in the manner shown in Senate Substitute Amendment 1 to Senate Bill 563 and if the treatment of that section by that act takes effect on or after the effective date of this paragraph, then the repeal and recreation of section 20.866 (2) (v) of the statutes by this act takes effect on the date that the treatment of section 20.866 (2) (v) of the statutes by 1995 Wisconsin Act .... (Senate Bill 563) takes effect.

(c) If neither paragraph (a) nor paragraph (b) applies, then the repeal and recreation of section 20.866 (2) (v) of the statutes by this act is void.

216,9162 Section 9162. Nonstatutory provisions; other.

(1) University of Wisconsin Hospitals and Clinics; lease and affiliation agreements.

(a) Definitions. In this subsection:

1. “Authority" means the University of Wisconsin Hospitals and Clinics Authority.

2. “Board of regents" means the board of regents of the University of Wisconsin System.

(b) Lease agreement. Notwithstanding section 233.04 (7) and (7g) (a) of the statutes, as affected by this act, and 1995 Wisconsin Act 27, section 9159 (2) (k), the authority and the board of regents may modify, no later than the first day of the 4th month beginning after the effective date of this paragraph, a lease agreement negotiated, or negotiated and entered into, before the effective date of this paragraph, without the approval of the joint committee on finance, in order to provide a different initial period for the agreement, if the initial period, as modified, does not exceed the maximum initial period permitted under section 233.04 (7) (intro.) of the statutes, as affected by this act.

(c) Affiliation agreement. Notwithstanding section 233.04 (7) and (7p) (a) of the statutes, as affected by this act, section 233.04 (7m) of the statutes and 1995 Wisconsin Act 27, section 9159 (2) (k), if the authority and the board of regents have modified the initial period of the lease agreement under paragraph (b), the authority and the board of regents shall modify, no later than the first day of the 4th month beginning after the effective date of this paragraph, the affiliation agreement, without the approval of the joint committee on finance, in order to provide for an initial period of the affiliation agreement that is concurrent with the initial period of the lease agreement, as modified under paragraph (b).

(2t) Reconciliation; wisconsin works.

(a) If 1995 Wisconsin Act .... (Assembly Bill 591) is not enacted into law or is enacted into law in a form other than that of assembly substitute amendment 3, the treatment of section 49.143 (1) (a) and (av) of the statutes by this act and Section 9462 (3t) of this act are void.

(2x) Gaming board.

(a) The authorized FTE positions for the gaming board that are funded from the appropriation under section 20.197 (1) (q) of the statutes are decreased by 1.0 SEG position on July 1, 1996.

(b) The authorized FTE positions for the gaming board that are funded from the appropriation under section 20.197 (1) (g) of the statutes are increased by 1.0 PR position on July 1, 1996.

(3m)  Farm progress days 1996.

(a) The development of transportation is prohibited from charging any sponsor of farm progress days 1996 for any costs of state traffic patrol services incurred by the department that are associated with farm progress days 1996.

(b) Notwithstanding paragraph (a), the department may charge any sponsor of farm progress days 1996 for the actual and reasonable costs incurred by the department of traffic rerouting, signage and any other special traffic-related activities that are directly associated with farm progress days 1996.

(c) This subsection does not apply after December 31, 1996.

216,9201 Section 9201. Appropriation changes; administration.

(1) Land information board positions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.505 (4) (ie) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $32,400 for fiscal year 1995-96 and the dollar amount is increased by $32,400 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 1.0 PR position for the land information board.

216,9247 Section 9247. Appropriation changes; revenue.

(1u) Lottery general program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (8) (q) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $178,300 for fiscal year 1996-97 to decrease the authorized FTE positions for the department by 2.0 SEG positions on July 1, 1996.

216,9261 Section 9261. Appropriation changes; veterans affairs.

(1) Veterans loans and expenses. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (2) (y) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $250,100 for fiscal year 1996-97 to decrease funding for the purposes for which the appropriation is made.

(2) Cemetery operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (4) (g) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $250,100 for fiscal year 1996-97 to decrease funding for the purposes for which the appropriation is made.

(3) Cemetery administration and maintenance. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (4) (q) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $250,100 for fiscal year 1996-97 to increase funding for the purposes for which the appropriation is made.

(4) Veterans institutional operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (1) (gk) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $17,700 for fiscal year 1995-96 and the dollar amount is decreased by $17,700 for fiscal year 1996-97 to decrease funding for the purpose for which the appropriation is made.

(5) Administration of loans and aids to veterans. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans under section 20.485 (2) (u) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $17,700 for fiscal year 1995-96 and the dollar amount is increased by $17,700 for fiscal year 1996-97 to increase funding for the purpose for which the appropriation is made.