Under current law, if the office of the secretary of state cannot determine a corporation's principal office for service of notices, the secretary of state may serve the corporation by publishing a notice in the community that had been previously designated by the corporation as the location of its principal office. Under this bill, for purposes of administratively dissolving a corporation, the secretary of state may serve the corporation by publishing a notice in the official state newspaper.
Under the federal depository institutions deregulation and monetary control act of 1980, (DIDMCA) a state could elect to opt out of provisions of DIDMCA which establish federal preemption over a state regarding usury, or interest rate, laws. Wisconsin elected to opt out and expressly rejected federal preemption in 1981. This bill repeals the rejection of federal preemption, thereby reestablishing federal preemption.
This bill increases the annual license fees and the initial investigation fees that may be charged by the OCB to licensed lenders, insurance premium finance companies, sellers of checks, motor vehicle sales finance companies, adjustment service companies, collection agencies and community currency exchanges, financial services providers that are regulated by the OCB. The bill also makes the investigation fee nonrefundable.
Currently, the public service commission (PSC), in cooperation with the department of agriculture, trade and consumer protection (DATCP), administers a stray voltage program to assist farmers in investigating and correcting problems caused by stray voltage. This bill expands the scope of the stray voltage program by directing the PSC to standardize procedures to be followed by public utilities in investigating stray voltage, to inspect utility stray voltage programs and to conduct stray voltage training sessions. The bill makes the stray voltage program permanent. Presently, the program is scheduled to end on August 31, 1995.
The bill also permits the PSC to charge a reasonable fee for its services under the stray voltage program. Currently, the PSC may charge no more than $100 per farm for services provided to farmers under the program.
Current law also requires DATCP to conduct research on the effects of stray voltage on agriculture. This bill eliminates that requirement.
This bill permits the PSC to conduct hearings and investigations using interactive video conferencing technology or other electronic technology and permits audio and audiovisual recordings to be used instead of stenographic recordings of PSC hearings and investigations.
Economic development
Under current law, the department of development (DOD) has general responsibility for promoting travel in this state by residents of this state and for promoting tourism to this state by residents of other states and foreign countries. The division of tourism is created by law in DOD, with an administrator who is appointed outside the classified service by the secretary of development. Within DOD is also a council on tourism, which advises the secretary on matters related to tourism.
On July 1, 1996, this bill transfers the division of tourism, the council on tourism, all activities and responsibilities of DOD relating to tourism and DOD's tourism offices and tourist information centers from DOD to the department of tourism and parks (DTP), created by the bill.
This bill authorizes DOD to administer a loan incentive program, called the capital access program, in which a commercial lending institution may enroll in the program loans for the start-up or expansion of a business that employs fewer than 51 full-time employes or that has annual gross sales of less than $5,000,000. Moneys in 2 reserve accounts that are maintained at the lending institution but owned and controlled by DOD may be used by DOD to compensate the lending institution for any losses that it incurs if a borrower defaults on an enrolled loan. One reserve account is made up of moneys contributed by the lending institution and fees paid by the borrowers of all loans enrolled in the program by the lending institution and the other is made up of financial incentives paid by DOD in an amount for each enrolled loan that equals the amount contributed by the lending institution and the borrower of that loan. Loans may not be used for refinancing existing debt, for a housing project or for investment in real estate.
Under current law, DOD administers the export development loan program, which provides loans to small businesses to enable them to develop their potential for exporting products or services. This bill eliminates that program and creates in its place a Wisconsin trade project program. Under this program, DOD may reimburse an eligible business for certain costs incurred by the business in attending a foreign trade show or a matchmaker trade delegation event (a trade event with meetings between businesses that are new to exporting or to the particular export market and prospective foreign representatives and distributors). An eligible business is a business that had gross annual sales of $25,000,000 or less in the calendar year preceding the year in which the business applies for a reimbursement.
The Wisconsin Health and Educational Facilities Authority (WHEFA) under current law may guarantee the repayment of certain loans made by private lenders to certain rural health care facilities. Eligible loans are guaranteed from the rural hospital loan fund, which is managed and controlled by WHEFA. This bill terminates this program.
Currently, DOD administers the health care provider loan assistance program, under which DOD may pay up to $25,000 in educational loans on behalf of a health care provider, defined as a physician's assistant, a nurse-midwife or a nurse practitioner, who agrees to practice exclusively in an area that is designated by the federal department of health and human services as having a shortage of primary medical care professionals.
This bill makes a number of changes in the program. Under the bill, in addition to an area designated by the federal department of health and human services as having a shortage of primary care professionals, a health care provider may be eligible for loan repayment by agreeing to practice in an area such as:
1. A state or federal prison;
2. An American Indian reservation;
3. An area in which the ratio of primary care physicians to the population is less than one to 25,000; or
4. An area in which there is a chronic unmet need for obstetric services.
The bill also provides that a health care provider must agree to practice primarily rather than exclusively in an eligible area.
Under DOD's rural economic development program, the rural economic development board currently may award a grant or make a loan to a business that has fewer than 25 employes and that is located in a city, village or town that has a population of 4,000 or less or that is located in a county with a population density of less than 150 persons per square mile. Under the program, a business that receives a grant or loan must use it for start-up costs, and a business that received a grant or loan for start-up costs may receive a grant or loan for working capital or fixed asset financing or both. The recipient business may be required by the board to contribute a portion of the cost of the project. The contribution may be in cash or in-kind services. This bill increases the maximum population of the city, village or town in which a business that is eligible for a grant or loan may be located to 10,000 or less and provides that if the board requires a contribution from a recipient business, the board determines whether the contribution may be in cash or in in-kind services.
Currently, the state main street program assists municipalities in increasing economic activity in a business area within the municipality while preserving and building on the business area's historically significant characteristics. From those municipalities that file applications, DOD annually selects up to 5 to participate in the program for 3 years each. An 11-member council, called the council on main street programs, assists DOD in developing plans for the operation and review of the program and in selecting participants.
This bill changes the number of members of the council from 11 to 15. The additional 4 members must have expertise or an interest in downtown revitalization. The bill also changes the number of years for participation in the program by a municipality from 3 to 5. Finally, the bill makes explicit that a municipality may apply to participate more than one time and that DOD may select a municipality to participate more than one time. DOD may give priority in selecting municipalities, however, to those that have not previously participated.
Forward Wisconsin, Inc., is a private corporation formed to promote economic development in this state by encouraging business enterprises to locate in this state. Under current law, DOD is required to promote this state's science and technology assets in cooperation with Forward Wisconsin, Inc., and, if the secretary of development considers it appropriate, refer requests from state and local groups for economic development assistance to Forward Wisconsin, Inc., and contract to pay Forward Wisconsin, Inc., to establish and implement a nationwide business development promotion campaign to attract new enterprises to the state and to encourage the retention and expansion of businesses and jobs in the state.
This bill eliminates, on July 1, 1996, the authority of DOD to contract to pay Forward Wisconsin, Inc., to establish and implement a nationwide business development campaign. DOD may, however, still refer economic development assistance requests to the corporation and must still cooperate with the corporation to promote the state's science and technology assets.
This bill requires DOD to conduct a study of its business development functions and those of the small business development centers managed by the University of Wisconsin-Extension to determine if it would be more efficient to consolidate those functions. DOD must report its findings to the legislature, the governor and the secretary of administration by December 31, 1995.
This bill changes the name of DOD to the department of commerce on July 1, 1996.
Correctional system
Adult correctional system
Prison industries
Under current law, the department of corrections (DOC) administers a prison industries program for the employment of inmates. This bill permits DOC to lease space within prisons, or within correctional institutions for children, to not more than 3 private businesses to employ inmates or residents to manufacture products or components or provide services for sale on the open market. Before any such business begins, the joint committee on finance (JCF) must hold an informational hearing and the prison industries board must approve the business. The private business may not be run as a prison industry, except in regard to payment and disposition of wages, eligibility of employes for worker's compensation benefits and the authority of DOC to maintain security and control in its institutions. The private business would not be subject to provisions that require adherence to state purchasing requirements, such as the general requirement to purchase from the lowest responsible bidder; prohibit the sale of many products in the open market; require the sale of products by prison industries sales personnel; and include all the industries in a manufacturing and marketing plan and a separate accounting system.
Current law prohibits the sale in the open market of most goods made by state, city or county prisoners. Current exceptions apply for items such as farm machinery, implements and tools. This bill authorizes the sale, in the open market, of by-products of mattresses and by-products of paint from prison industries recycling operations. The bill also authorizes tax-supported institutions and nonprofit agencies to sell, on the open market, products manufactured by inmates of any state penal institution as part of a hobby-craft program or vocational training.
Currently, DOC administers the prison industries program only in state prisons. This bill allows DOC to operate prison industries in any DOC correctional institution for children.
Under current law, state agencies generally must pay interest when they receive property or services and have a balance due after 31 days. One exception to this requirement involves situations in which an order or contract is between 2 or more state agencies. This bill removes the exception if the order or contract involves prison industries. Thus, in that situation, interest must be paid.
Other adult correctional system
Under current law, DOC has general authority to enter into contracts to purchase care and services from public or private agencies. This bill specifically permits DOC to contract with public or private vendors to provide for the supervision of probationers and parolees who are under minimum or administrative supervision. These are probationers and parolees who need only infrequent face-to-face contacts with a probation and parole agent or other representative of DOC. The contract must authorize any such vendor to charge a fee to the supervised probationers and parolees.
Under current law, DOC charges and collects fees for certain services that it provides. This bill requires DOC to charge and collect a fee of $1 per day from probationers and parolees. A probationer or parolee is exempt from the fee while he or she is unemployed, in school on a full-time basis, undergoing treatment or unable to work for medical reasons.
Under current law, if an inmate earns wages and receives medical or dental services, DOC may require him or her to pay a deductible, coinsurance, copayment or similar charge upon the services that the inmate receives. This bill requires DOC to assess the inmate for the deductible, coinsurance, copayment or similar charge if the inmate requests the services. DOC must charge at least $2.50 for each request. These provisions are subject to DOC's current authority to waive liability based on inability to pay.
Under current law, counties are generally responsible for the costs associated with prisoners in county jails. However, DOC must pay counties for certain costs relating to the maintenance of a person held, pursuant to a departmental hold order, in a county jail pending the disposition of his or her parole or probation revocation proceedings. Counties receive $40 per prisoner per day subject to various restrictions. In addition, DOC must pay $500,000 in each fiscal year to any county that had 12,000 or more reimbursable days in the prior fiscal year. This bill requires that payment to be made to a county with 18,000 or more reimbursable days in a fiscal year.
Under current law, DOC may not expand the Green Bay Correctional Institution beyond the institution's walls. This bill permits DOC to expand beyond the walls on the west and north sides of the institution.
Juvenile correctional system
Under current law, the department of health and social services (DHSS) operates the juvenile secured correctional facilities known as the Ethan Allen School and the Lincoln Hills School. Those facilities are used for the placement of children who have been adjudicated delinquent and placed in one of those facilities under the supervision of DHSS. Under current law, effective December 1, 1995, DOC will administer a youthful offender program for children who have been adjudicated delinquent and ordered to participate in that program. Current law authorizes DOC, effective December 1, 1995, to operate juvenile secured correctional facilities for the placement of youthful offender program participants. This bill transfers from DHSS to DOC, effective July 1, 1996, the Ethan Allen School and the Lincoln Hills School.
Under current law relating to community youth and family aids (generally referred to as "youth aids"), various state and federal funds are allocated to counties to pay for state-provided correctional services and local delinquency-related and juvenile justice services. DHSS charges counties for the costs of services provided by DHSS. Under current law, youth aids may not be used for children who are placed in correctional institutions on the basis of having committed certain violent offenses. Under current law, the cost of care for these children is paid at a specified per person daily reimbursement rate from general purpose revenue moneys appropriated to DHSS. Because under this bill, those children may be placed in the serious juvenile offender program administered by DOC, the bill eliminates payment for those children from general purpose revenues appropriated to DHSS effective July 1, 1996.
The bill also provides the amount of youth aids funds allocated to counties for the 1995-97 state fiscal biennium and provides new per-person daily cost assessments upon counties for juvenile placements during the 1995-97 biennium as follows:
7/1/95 1/1/96 7/1/96 1/1/97
to to to to
Placement 12/31/95 6/30/96 12/31/96 6/30/97
Juvenile correctional $127.98 $127.98 (to be set (to be set
by statute) by statute)
institution
Transfers from a $127.98 $127.98 (to be set (to be set
juvenile by statute) by statute)
correctional
institution to
a treatment facility
Adult correctional (set by DOC by rule)
institution
Child caring $147.84 $153.80 $153.87 $156.98
institution
Group home $102.44 $106.60 $106.69 $108.86
Foster care $22.84 $23.80 $23.80 $24.29
Treatment foster care $65.94 $68.58 $68.58 $69.95
Departmental $81.55 $81.55 $82.11 $82.11
corrective
sanctions services
Departmental $13.00 $13.00 $13.28 $13.29
aftercare
The bill requires DHSS to submit to the secretary of administration and the cochairpersons of the joint committee on finance (JCF) proposed rates to counties for maintaining a child in a juvenile correctional institution during the 1996-97 fiscal year and requires the secretary, if he or she approves of those rates, to submit proposed legislation providing for those rates to the cochairpersons of JCF.
The bill requires DHSS to evaluate the formula used by DHSS to allocate youth aids to counties in light of any changes in the number of children placed under the supervision of DHSS as a result of amendments in the law made by this bill and to submit to the secretary of administration and the cochairpersons of JCF a proposed youth aids formula that reflects that change. If the secretary approves that formula, he or she must include it in the 1997-99 budget compilation.
Under current law, DHSS must adjust the per-person daily cost assessment upon counties for state-provided juvenile correctional services at least annually. If there is an increase in the assessment, DHSS must increase the funds available to counties to cover that increase. This bill eliminates the requirements that DHSS adjust that assessment annually and provide funding to cover any increase in that assessment.
Under current law, a county department of human services or social services may provide an intensive supervision program, consisting of intensive surveillance and community-based treatment services, for children who have been adjudicated delinquent and ordered to participate in an intensive supervision program. This bill eliminates the authority of county departments to provide intensive supervision programs.
Current law provides an intensive aftercare program for children who have been released from secured correctional facilities, child-caring institutions and secure alcohol and other drug abuse treatment programs with the aim of reducing recidivism by determining what types and levels of intensity of services are effective for reducing recidivism for children on aftercare. This bill eliminates that program.
Under current law, DOC may enter into contracts with counties to have DOC provide electronic monitoring for certain children who have been ordered by a juvenile court to be subject to electronic monitoring. Currently, children may not be assessed a fee for these services. This bill broadens DOC's authority, allowing DOC to enter into a contract with a county social services department or DHSS so that DOC can provide electronic monitoring services for any child who is in the custody or under the supervision of the county department or DHSS. DOC charges fees for the services that it provides. Under a placement agreement, the child or the child's parent or guardian may be charged a fee for these services.
This bill permits moneys received as payments in restitution of property that is damaged at a juvenile secured correctional facility, moneys received from the sale of surplus property from a juvenile secured correctional facility and moneys received for miscellaneous services provided at a juvenile secured correctional facility to be used for the repair or replacement of property damaged at the facility and for the provision of those miscellaneous services.
Courts and procedure
Circuit courts
Under current law, the director of state courts reimburses counties for the costs of guardians ad litem, who are appointed by courts to represent the interests of children or incompetent persons. If the state moneys appropriated are insufficient, the county payments are prorated. This bill eliminates that reimbursement program and allows counties to include those costs in the court costs that are eligible for state reimbursement under current circuit court support grants.
The court support payment program is currently funded by a $20 court support services fee that is assessed to litigants. This bill raises that fee to $40.
This bill requires a county board to provide one judicial assistant for every 3 circuit judges in counties with 3 or more circuit court branches to assist the judges with clerical and administrative duties. Under current law, the costs of the judicial assistants are included in those court costs that are eligible for state reimbursement under the circuit court support grants.
Under current law, the fees collected by the clerk of circuit court for most civil actions are increased for the period from September 1, 1989, to December 31, 1995. This bill removes the expiration date of December 31, 1995, for the increased fees.
Under current law, funding to reimburse Milwaukee County for the costs of operating a drug court in Milwaukee expires June 30, 1995. This bill changes that expiration date to June 30, 1997.
Under current law, each circuit judge is responsible for appointing a court reporter to serve in the branch of that circuit judge. This bill instead requires the chief judge of the judicial administrative district, in cooperation with the district court administrator, to appoint, assign and supervise the court reporters serving the circuit courts within that judicial administrative district.
Under current law, in civil cases, traffic cases, municipal court actions to impose civil monetary forfeitures and small claims actions if a jury is requested, the jury consists of 6 persons. In certain cases, including traffic cases and forfeiture actions, a party to the action may request a greater number of jurors, not to exceed 12 persons. This bill limits the number of jurors to 6 persons in cases involving traffic regulations.
Under current law, a circuit court fee of $10 collected by each county for filing a petition requesting child or family support or maintenance is used to fund the county's cost of administering the child and spousal support and paternity program. Under this bill, the fee is used for court services related to the filing of a petition for support or maintenance.
Under current law, a court reporter receives a fee for making a transcript of the court record of $1.50 for a 25-line page for the original and 50 cents for a duplicate page. The fee generally is paid by the county. If the state public defender (SPD) represents the defendant, the state pays the fee. If another party to an action requests a transcript, the party pays the court reporter a fee of $1.75 for a 25-line page for the original and 60 cents for a duplicate page.
This bill allows a court reporter to collect these transcript fees after June 30, 1995, only if the transcript is produced on computer-aided transcription equipment owned by the court reporter and purchased before January 1, 1995. The bill eliminates all court reporter fees after June 30, 1997.
Other courts and procedure
Under current law, certain proceedings in a criminal case may be conducted by telephone or live audiovisual means, if available. Some of these proceedings may be conducted by telephone or live audiovisual means only with the consent of the defendant. This bill eliminates the requirement for the defendant's consent. Under the bill, either party may request that the proceedings be conducted by telephone or live audiovisual means. The court may then permit the proceedings to be conducted by telephone or live audiovisual means unless the opposing party shows good cause for not doing so.
Under current law, in antitrust actions, the court may award private parties, but not the department of justice (DOJ), the costs of a suit, including reasonable attorney fees. The costs must be paid by the losing party. In pollution discharge actions, the court may award DOJ the costs of any investigation and monitoring related to a prosecution. Current law does not give the court authority to provide any similar awards to DOJ in consumer protection, medical assistance fraud and environmental protection actions.
This bill permits the court, in consumer protection, environmental protection, medical assistance fraud and pollution discharge actions, to award DOJ an amount reasonably necessary to remedy the harmful effects of the violation, the costs of the suit, including attorney fees and the expenses of investigation and prosecution.
Under current law, the judicial commission, composed of 5 nonlawyers appointed by the governor with the consent of the senate and 2 judges and 2 state bar members appointed by the supreme court, investigates any misconduct or permanent disability of a judge or court commissioner. The supreme court reviews the actions of the commission and determines the appropriate discipline or action to take in response to the commission's investigation.
Under current law, the judicial council studies the rules of practice and procedure in the courts and the organization and methods of operation of the courts. The judicial council recommends changes in court practice and procedure to the legislature and to the supreme court and advises the supreme court in the promulgation of rules that regulate pleadings, practice and procedure in judicial proceedings.
This bill retains both the judicial commission and the judicial council but abolishes the executive secretary of and clerical support for the judicial council. Under the bill, the judicial commission provides staff services to the judicial council.
This bill provides immunity from civil liability for property damage if the person causing the damage was acting in good faith in containing and stabilizing a discharge of oil into any navigable waterway and was under the direction of a state or federal hazardous substance contingency plan, a federal on-scene coordinator or the secretary of natural resources. This immunity does not apply to a person who possesses or controls the oil which is discharged, who causes the discharge of the oil or whose act or omission involves reckless, wanton or intentional misconduct.
Public defender
Under current law, the SPD may seek payment for legal services provided to persons who are indigent in part, from the parents of children for whom the SPD provides legal counsel who are not indigent or who are indigent in part and from persons who have been represented by the SPD and whose financial circumstances improve.
Under this bill, the SPD must establish a system to verify the income, assets and expenses of the persons seeking representation, to make redeterminations of indigency during the course of representation and to collect payments from persons who have been provided counsel. The bill authorizes the SPD to gain access to, and to receive copies of, the income tax returns of its clients from whom the SPD seeks payment for legal representation.
Under current law, if an indigent person is the respondent in a paternity action and the petitioner is represented by the district attorney, corporation counsel, attorney responsible for support enforcement or some other state or county attorney, the indigent person is entitled to state-paid legal counsel under the SPD program on the issues of paternity determination and initial child support establishment. The legal services provided by SPD end, however, if during the paternity proceeding the results of blood tests show that the respondent is excluded as the father or that the statistical probability of the respondent being the father is 99.0% or higher. This bill eliminates entirely the entitlement of an indigent respondent in a paternity action to state-paid legal services provided by SPD.
Under a decision by the Wisconsin court of appeals, which the Wisconsin supreme court refused to review and thus upheld, an indigent person is entitled to representation by the SPD in an action for contempt of court that is brought by the state because the person, if found in contempt, may be incarcerated. Brotzman v. Brotzman, 91 Wis. 2d 335 (1979). This bill provides that the SPD may not provide legal representation to a person who is subject to a contempt of court proceeding for failure to pay child or family support if the matter is not brought by the state or if the judge or family court commissioner hearing the matter certifies to the SPD that the person will not be incarcerated if found in contempt.
Under current law, the SPD may provide legal representation on behalf of an indigent person in a case attacking the conditions of the person's confinement, if the SPD believes the case should be pursued. This bill eliminates this authority.
Current law provides caseload standards that a staff attorney in the SPD trial division is expected to handle. This bill increases those standards for felony cases from 166.8 to 184.5 per year, for misdemeanor cases from 410.9 to 492 per year and for juvenile cases from 228.4 to 246 per year.
Current law reduces the caseload standards of 12 SPD staff attorneys to 50% of the full caseload standards imposed by law and requires them to perform supervisory duties. This bill repeals this provision.
Under current law, the SPD assigns some cases to staff attorneys and some cases to private local attorneys. In each county, the SPD creates a list of qualified private local attorneys for each type of case handled. Generally, the SPD assigns cases in order according to the applicable list. An attorney may not be excluded from a list unless the SPD states in writing the reasons for the exclusion. This bill allows the SPD to assign cases to a private local attorney, without regard to the lists, for reasons related to that attorney's performance.
Under current law, a private local attorney who receives an assignment from the SPD generally receives $50 per hour for time spent in court, $40 per hour for time spent out of court, excluding travel, and $25 per hour for travel in certain situations. The SPD may also enter into annual contracts with private local attorneys to handle vehicle-related cases and to pay those attorneys an amount set in the contract that does not exceed the previously described rates. This bill authorizes such contracts in all cases, requires the SPD to enter into as many of these contracts as possible, allows the contracts to be made with attorneys or law firms and requires that the contracts set a fixed-fee total amount (subject to the hourly rate limits).
Current law requires that a prosecutor make available to a person charged with a crime certain information, such as statements of witnesses, police reports and reports of scientific testing, that the prosecutor has in his or her possession. This bill requires the SPD to pay any fee charged for photocopying any such items made available to a person charged with a crime if the SPD or a private attorney appointed by the SPD represents the person. The fee that the SPD may be charged for photocopies may not exceed the actual, necessary and direct cost of photocopying.
Current law requires a court in criminal, children's code, mental health act and protective services proceedings to consider the ability of the person who is the subject of the proceeding to cooperate and understand the proceeding. If the court has notice that the person has a language difficulty, current law requires the court to hold a hearing to determine if that person needs an interpreter.
Current law requires the state to pay for an interpreter provided to an indigent if the proceedings are in the supreme court, a court of appeals or a circuit court. In Appointment of Interpreter in State v. Le, 184 Wis. 2d 860 (1994), the Wisconsin supreme court decided that the director of state courts is the state agency responsible for the payment of the fees of an interpreter for an indigent in circuit court proceedings and that the SPD is responsible for the payment of fees for those services provided outside a court proceeding. Current law limits the payment of interpreter fees in court proceedings to $35 per one-half day.
This bill codifies the supreme court decision, requiring the SPD to pay the interpreter fees for out -- of -- court assistance to the SPD. The bill sets a payment limit of $35 per one-half day for interpreter services provided to the SPD outside of court proceedings.
Current law requires the clerk of circuit court to collect a fee of $1.25 per page for copies of general court documents. The register in probate and sheriff collect a fee of $1 per page for copies of similar documents. This bill requires the clerk of circuit court, the register in probate and the sheriff to instead charge the actual, necessary and direct costs for those documents when copies of those documents are requested by the SPD.
Crimes
