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.
*** Analysis from -1979/3-0685/2 ***
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.
*** Analysis from -1517/1 ***
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.
*** Analysis from -2178/2 ***
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.
*** Analysis from -0052/3 ***
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.
*** Analysis from -0053/3 ***
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.
*** Analysis from -2497/1-2509/2 ***
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.
*** Analysis from -0865/1 ***
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.
*** Analysis from -0994/2 ***
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.
*** Analysis from -0864/1 ***
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.
