On July 1, 1996, the bill creates a department of tourism and parks (DTP) and transfers to DTP from DNR the responsibility of developing, operating and administering the state parks, state trails, the ice age trail, the state recreation areas and the state forests, except for the state forests in the northern portion of the state; transfers to DTP from DOD the division of tourism; transfers to DTP from DOA the arts board; and transfers to DTP from DOA the Kickapoo valley governing board and to DTP from DNR responsibility for police supervision over the Kickapoo valley reserve.
Transportation
On July 1, 1996, the bill abolishes the office of the commissioner of railroads and transfers most functions of that office, with certain changes, to the department of transportation.
University of Wisconsin System
On July 1, 1996, the bill transfers control over the UW Hospitals and Clinics to a state authority called the UW Hospitals and Clinics Authority.
Other councils, boards and commissions
The bill requires that, no later than October 1, 1995, each council, and each board or commission that is created in or attached to a department or independent agency in the executive branch of state government that is not created or terminated under any act of the 1995-96 legislature submit to the secretary of administration, the lieutenant governor and JCF a report describing its functions and the justification, if any, for continuation of these functions for the purpose of a determination by the secretary of administration or the lieutenant governor of whether the council, board or commission should be terminated. (Subsequent legislation would be required to effect any terminations not included in the bill.)
Each agency organization or function change is explained in further detail in this analysis under the appropriate topic heading. In each case where an agency or function is transferred, the bill also transfers all of the employes of the agency or all of the employes performing the function, and in the case of classified employes, protects their status under civil service and collective bargaining laws, except as otherwise noted below.
*** Analysis from -1780/4 ***
Agriculture
Under current law, the department of agriculture, trade and consumer protection (DATCP) is under the direction and supervision of the board of agriculture, trade and consumer protection. The board consists of 6 members who are nominated by the governor and appointed with the advice and consent of the senate. This bill abolishes the board. Under the bill, DATCP is under the direction and supervision of a secretary, who is nominated by the governor and appointed with the advice and consent of the senate to serve at the pleasure of the governor. The bill also creates an agriculture, trade and consumer protection council to advise DATCP. The council consists of 6 members appointed by the governor, who have an agriculture background and one member who is a representative of consumers. The initial membership consists of those board members who are in office when this bill becomes law.
*** Analysis from -2343/3 ***
Current law requires DATCP to operate a center for international agribusiness marketing. This bill transfers the responsibility to operate the center to the department of commerce (formerly, the department of development) on July 1, 1996.
*** Analysis from -2119/4 ***
Under current law, one of the conditions necessary for a person to qualify for the farmland preservation income tax credit is that the person's land is subject to a farmland preservation agreement or to exclusive agricultural zoning. If a landowner withdraws the land from a farmland preservation agreement, in most of the situations under which withdrawal is permitted, DATCP files a lien against the land that was subject to the agreement for the total amount of the farmland preservation credit received in the previous 10 years, plus interest. DATCP also files a lien against land for which the farmland preservation credit is claimed when the city, village, town or county in which the land is located changes the zoning of the land from exclusive agricultural use.
This bill eliminates the filing of liens against land that is withdrawn from a farmland preservation agreement and against land that ceases to be covered by exclusive agricultural zoning. The bill provides that any liens previously filed by DATCP have no effect.
*** Analysis from -0687/3 ***
Current law provides for payments to be made by this state to the owners of certain animals that are ordered by DATCP to be destroyed because of exposure to or infection with rabies, tuberculosis, brucellosis, pseudorabies and scrapie. In addition, DATCP is required to make payments for livestock destroyed because of unidentified diseases and for animals destroyed under emergency programs necessary to control major or serious outbreaks of dangerous diseases affecting domestic animals. This bill retains the provisions for payments under emergency programs and for specific diseases, except for scrapie. The bill replaces the provision for payment in cases of unidentified diseases with a provision for payment for animals destroyed because of other diseases if the destruction is necessary to protect public health or the livestock industry.
Under current law, the amount of an animal disease indemnity payment varies depending on the disease involved. Under this bill, an animal disease indemnity payment, for any disease except pseudorabies, equals two-thirds of the difference between the appraised value of the animal and the sum of any federal indemnity plus any payment the owner received from selling the slaughtered animal, but not more than $1,500 per animal. For pseudorabies, the payment equals the difference between the appraised value of the animal and the sum of any federal indemnity plus any payment the owner received from selling the slaughtered animal, but not more than $1,500 per animal.
Under current law, the value of an animal may be determined by agreement between the owner and DATCP. If there is no agreement, the animal is appraised by 3 persons familiar with the value of livestock, appointed by the circuit court. Under this bill, DATCP determines the appraised value of animals.
The bill specifies that indemnities for rabies and tuberculosis and those that are not limited to specific diseases are paid only for animals of species raised primarily to produce food for human consumption.
The bill also authorizes DATCP to test swine and commercially raised deer for brucellosis, to order the destruction of animals that react to the test and to quarantine herds from which reactors come.
*** Analysis from -0684/1 ***
Under current law, violations of most laws concerning animal health are punishable by criminal penalties. This bill establishes civil penalties, which may be imposed in lieu of the criminal penalties, for violations of most animal health laws.
This bill eliminates a requirement that the animal health and disease research board award funds for research to develop a blood test to detect bovine tuberculosis in commercially raised deer.
*** Analysis from -1063/1 ***
Under current law, DATCP regulates the manufacture, labeling and sale of fertilizer. This bill authorizes DATCP to promulgate rules regulating the use of nitrogen fertilizer to prevent contamination of groundwater and surface water.
*** Analysis from -0697/1 ***
Under current law, a livestock market operator is required to apply a mark, at the time of sale, to each calf weighing 200 pounds or less that is sold at the operator's livestock market. Livestock dealers are also required to mark certain calves. DATCP is required to promulgate rules specifying the methods and materials for marking calves. This bill eliminates the requirements that livestock market operators and livestock dealers mark calves.
*** Analysis from -1062/2 ***
Under current law, DATCP awards grants for sustainable agriculture demonstration projects. This bill changes the source of funding for sustainable agriculture grants from oil overcharge funds to the general fund and environmental fund appropriations for the soil and water resource management program.
*** Analysis from -0692/2 ***
Under the program to prevent unfair trade practices in the dairy industry, DATCP collects a dairy trade practice fee from persons who manufacture or process dairy products. Under current law, the fee is based on the butterfat content of the dairy products. Under this bill, the fee is based on the value of the dairy products sold.
*** Analysis from -2226/3 ***
Under current law, the state fair park board is required to enter into a lease with a private nonprofit corporation to operate the Olympic ice training center. Under this bill, the state fair park board is authorized, rather than required, to enter into such a lease.
*** Analysis from -2478/4 ***
Children's code
Delinquency
Under current law, a person 18 years of age or older who violates a criminal law is subject to the jurisdiction and procedures of the court of criminal jurisdiction (adult court) and, on conviction, is subject to an adult sentence. Currently, a person under 18 years of age, but 12 years of age or older, who violates a criminal law is subject to the jurisdiction and procedures of the court assigned to exercise jurisdiction under the children's code (juvenile court) and, on being adjudicated delinquent, is subject to an array of dispositions provided in the children's code. This bill lowers from 18 to 17 the age at which a person who violates a criminal law is subject to the jurisdiction and procedures of the adult court and, on conviction, to an adult sentence.
*** Analysis from -2479/6 ***
Under current law, beginning on December 1, 1995, the department of corrections (DOC) will administer a youthful offender program for children who have been adjudicated delinquent and ordered to participate in the program. A juvenile court may place a child in the youthful offender program if the child is 16 years of age or over, has been adjudicated delinquent for committing an act that would be punishable as a Class A, B, C or D felony if committed by an adult, has been adjudicated delinquent previously for committing an act that would be punishable as a felony if committed by an adult and has had $30,000 or more expended on providing services for him or her under previous dispositional orders. Placement may be made for a period of 5 years or, if the child has committed a violation punishable by life imprisonment if committed by an adult, until the child reaches 25 years of age.
Effective January 1, 1996, this bill changes the name of the youthful offender program to the serious juvenile offender program, lowers the age of eligibility for participation in the program to 14 years, eliminates the requirement that $30,000 be expended previously on providing services for the child, permits DOC to transfer supervision and control over a program participant to the department of health and social services (DHSS) if DHSS agrees, permits DHSS to transfer a person under DHSS supervision to the program if DOC agrees and specifies that a juvenile court must place a child who has committed certain offenses in the serious juvenile offender program, unless the juvenile court, in its discretion, places the child in a juvenile secured correctional facility under the supervision of DHSS instead.
*** Analysis from -2480/4 ***
Under current law, if a child is adjudged delinquent, in most cases the juvenile court may not exercise jurisdiction over the child beyond the child's 19th birthday. If a child is adjudged delinquent on the basis of having committed first-degree intentional homicide and is placed in a juvenile secured correctional facility, the juvenile court must enter an order extending its jurisdiction over the child until the child reaches 25 years of age, unless the court discharges the child sooner. If a child is adjudged delinquent on the basis of having committed first-degree reckless homicide, 2nd-degree intentional homicide, mayhem, assault or battery in a juvenile secured correctional facility, first-degree sexual assault, physical abuse of a child or causing mental harm to a child, the juvenile court must enter an order extending its jurisdiction over the child until the child reaches 21 years of age, unless the court discharges the child sooner. Because under this bill children who commit those violations on or after January 1, 1996, may be placed in the serious juvenile offender program, the bill eliminates the extended jurisdiction of the juvenile court for violations committed on or after January 1, 1996.
*** Analysis from -0534/1 ***
Termination of parental rights and adoption
Current law provides various grounds for involuntary termination of parental rights (TPR). Those grounds include child abuse, failure to assume parental responsibility, abandonment, continuing parental disability, continuing denial of periods of physical placement, incestuous parenthood, homicide of a parent and continuing need of protection or services.
Currently, child abuse may be established by a showing that the parent has exhibited a pattern of abusive behavior which poses a substantial threat to the health of the child and that the parent has been convicted of a felony for causing death or injury to a child or that, on more than one occasion, a child has been removed from the home after being adjudicated to be in need of protection or services after a finding that sexual or physical abuse has been inflicted by the parent. This bill eliminates the pattern of abuse and substantial threat requirements so that either the felony conviction or the removal from the home because of sexual or physical abuse are sufficient to establish child abuse as grounds for involuntary TPR.
Currently, failure to assume parental responsibility may be established by a showing that the father of a nonmarital child has never established a "substantial parental relationship" with the child; that is, he has never accepted and exercised significant responsibility for the daily supervision, education, protection and care of the child. This bill expands this ground for involuntary TPR to include mothers as well as fathers and marital, as well as nonmarital, children.
*** Analysis from -0533/1 ***
Currently, abandonment may be established by a showing that a child has been placed, or continued in a placement, outside of his or her parent's home by an order of the juvenile court and that the parent has failed to visit or communicate with the child for 6 months or longer. This bill shortens that period to 3 months or longer. Currently, abandonment may also be established by a showing that the parent has left the child with a relative or other person, that the parent knows or could discover the whereabouts of the child and that the parent has failed to visit or communicate with the child for one year or longer. The bill shortens that period to 6 months or longer. Currently, a parent may rebut a showing of abandonment by producing evidence that the parent has not disassociated himself or herself from the child or relinquished responsibility for the child's care and well-being. The bill changes that standard to evidence that the parent has made a voluntary effort to fulfill his or her parental responsibility for the child's care and well-being. Currently, incidental contact between a parent and child does not preclude the juvenile court from finding that the parent has abandoned the child. The bill changes that standard to incidental or occasional contact.
*** Analysis from -0534/1 ***
Under current law, a ground for involuntary TPR is the continuing need of a child for protection or services. This bill creates as a new ground for involuntary TPR continuing alcohol or other drug abuse. Under the bill, continuing alcohol or other drug abuse may be established by a showing that: 1) the child has been found to be in need of protection or services and placed, or continued in a placement, outside his or her home by a juvenile court and the parent's abuse of alcohol or other drugs contributed to the juvenile court's decision to place the child or continue the child's placement outside the child's home; 2) a necessary condition for the return of the child to the home was the parent's participation in alcohol or other drug abuse treatment and the agency responsible for the care of the child and the family has made a diligent effort to provide that treatment; and 3) the child has been outside the home for a cumulative total period of 6 months or longer and the parent has failed to participate actively and voluntarily in that treatment and has continued to abuse alcohol or other drugs.
*** Analysis from -0532/1 ***
Under current law, a ground for involuntary TPR is the intentional homicide of the child's other parent. This bill creates as a new ground for involuntary TPR the intentional homicide of a sibling of a child, which may be established by a showing that the sibling has been the victim of first-degree intentional homicide or of 2nd-degree intentional homicide and that the person whose parental rights are sought to be terminated has been convicted of that intentional homicide.
*** Analysis from -0531/3 ***
Under current law, the juvenile court may appoint a guardian ad litem for a child in any appropriate matter under the children's code. Currently, a guardian ad litem may take certain actions relating to the child, including petitioning for TPR. This bill requires a guardian ad litem for a child who has been adjudged to be in need of protection or services (CHIPS) to file a TPR petition for the child if it appears to the guardian ad litem that grounds exist for a TPR and that a TPR would be in the best interests of the child and if no other person who is authorized to file a TPR petition, such as the district attorney or corporation counsel, does so.
Current law requires a summons and petition initiating a TPR proceeding to be served on certain persons including the parents, guardian, guardian ad litem and legal custodian of the child. This bill requires, in addition, that a TPR summons and petition be served on any person who has ever had a relationship similar to a parent-child relationship with the child.
Under current law, a petition initiating proceedings under the children's code, such as a delinquency petition, a CHIPS petition or a TPR petition, must contain certain information such as the name, age and address of the child, the names and addresses of the child's parents, guardian and legal custodian and the grounds for the petition. This bill requires a petition initiating proceedings under the children's code to state whether the child may be subject to the federal Indian child welfare act, which supersedes the children's code when an Indian child is involved.
*** Analysis from -0545/2 ***
Under current law, for the state to receive federal foster care and adoption assistance funding under Title IV-E of the federal social security act for the care of a child who is placed outside his or her home by an order of the juvenile court, the juvenile court order must contain the following findings:
1. That reasonable efforts have been made to prevent the removal of the child from his or her home or, if applicable, to make it possible for the child to return to his or her home.
2. That continuation of the child in the home of the parent is contrary to the welfare of the child.
This bill requires TPR orders, whether voluntary or involuntary, to contain those findings.
*** Analysis from -0483/1 ***
Under current law, a county department of human services or social services (county department) in a county with a population of 500,000 or more (Milwaukee County) may place children for adoption. Currently, a county department of a county with a population of less than 500,000 must be licensed by DHSS before it may place children for adoption. This bill eliminates the requirement that a county department in a county with a population of less than 500,000 be licensed by DHSS before it may place children for adoption. The bill, however, permits those county departments to place children for adoption only in foster home conversion cases, that is, cases in which the county department has placed a child in a foster home or treatment foster home (a foster home that provides structured, professional treatment by trained individuals) and the foster parents or treatment foster parents now wish to adopt the child.
*** Analysis from -2387/4-2571/4-2613/3 ***
Commerce and economic development
Commerce
This bill creates a department of financial institutions (DFI), effective July 1, 1996. The functions of the following agencies are consolidated in DFI and those agencies are eliminated:
1. The office of the commissioner of banking (OCB).
2. The office of the commissioner of savings and loan (OCSL).
3. The office of the commissioner of securities (OCS).
The bill also:
1. Reorganizes the office of the commissioner of credit unions (OCCU) into the office of credit unions and attaches that office to DFI for administrative purposes.
2. Transfers from the department of regulation and licensing (DORL) to DFI regulatory responsibility over mortgage bankers, loan originators and loan solicitors.
3. Transfers from the office of the secretary of state to DFI the responsibility for uniform commercial code filings and for federal lien filings and transfers responsibility for the computerized statewide lien system that is operated in conjunction with county offices of registers of deeds from the office of the secretary of state to DFI.
The bill transfers most positions, and the incumbents, from the affected agencies to DFI, but eliminates 14.5 FTE positions in OCB, 6.0 FTE positions in OCSL, 8.0 FTE positions in OCS and 2.0 FTE positions in OCCU.
*** Analysis from -2285/4 ***
This bill transfers from the office of the secretary of state to the department of revenue (DOR), effective July 1, 1996, the responsibility for recordkeeping and filing of business organization records. These functions include the filing of articles of incorporation or other organizational articles and annual reports of corporations, limited liability companies, nonprofit corporations and cooperatives, and acting as agent for service of process for business organizations. The bill does not transfer incumbent employes.
*** Analysis from -1222/3 ***
Beginning January 1, 1996, this bill requires a limited liability company (LLC) to file an annual report with the office of the secretary of state. An annual report identifies current information about the LLC, such as the names of members and managers and the location of the principal business office.
The bill also permits the secretary of state to administratively dissolve an LLC in certain situations. For example, an LLC may be dissolved if it does not pay fees or penalties due the secretary of state within one year of the due date, if it does not maintain a registered agent for service of process or if it does not file an annual report.
*** Analysis from -1221/2 ***
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.
*** Analysis from -1522/2 ***
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.
*** Analysis from -0833/1 ***
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.
