*** 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.
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.
*** Analysis from -2736/2 ***
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.
*** Analysis from -2612/1 ***
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.
*** Analysis from -2252/5 ***
This bill changes the name of DOD to the department of commerce on July 1, 1996.
*** Analysis from -2309/5 ***
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.
*** Analysis from -2307/5-2308/4 ***
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.
*** Analysis from -1496/4 ***
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.
*** Analysis from -0045/2 ***
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.
*** Analysis from -2311/2 ***
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.
*** Analysis from -2127/3 ***
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.
*** Analysis from -2129/1 ***
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.
*** Analysis from -1676/1 ***
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.
*** Analysis from -0023/2 ***
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.
*** Analysis from -2481/4 ***
