37 LEGISLATURE
38 LIEUTENANT GOVERNOR
39 LOWER WISCONSIN STATE RIVERWAY BOARD
40 MEDICAL COLLEGE OF WISCONSIN
41 MILITARY AFFAIRS
42 NATURAL RESOURCES
43 PERSONNEL COMMISSION
44 PUBLIC DEFENDER BOARD
45 PUBLIC INSTRUCTION
46 PUBLIC SERVICE COMMISSION
47 REGULATION AND LICENSING
48 REVENUE
49 SAVINGS AND LOAN
50 SECRETARY OF STATE
51 SECURITIES
52 STATE FAIR PARK BOARD
53 SUPREME COURT
54 TECHNICAL COLLEGE SYSTEM
55 TRANSPORTATION
56 TREASURER
57 UNIVERSITY OF WISCONSIN SYSTEM
58 VETERANS AFFAIRS
59 OTHER
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State agency reorganization
This bill makes a number of changes in the organization and functions of various state agencies.
Administration
The bill changes the name of the public records and forms board to the public records board and transfers most forms functions from that board to the department of administration (DOA); creates a division of technology management in DOA; transfers administration of the judicial automated information systems from the director of state courts to DOA; transfers operational responsibility for the transaction information for the management of enforcement system from the department of justice (DOJ) to DOA; permits DOA to submit to the joint committee on finance (JCF) and implement a plan providing for the consolidation in DOA by July 1, 1996, of the functions of all state agencies related to information technology implementation, support and management; permits DOA to submit to JCF and implement a plan for the consolidation in DOA by July 1, 1997, of the functions of the University of Wisconsin (UW) System relating to information technology processing; transfers the transmission and engineering functions of the educational communications board to DOA; permits DOA to submit to JCF and implement a plan providing for the consolidation in DOA by July 1, 1996, of the responsibilities of state agencies related to their capital planning and building construction functions; permits DOA to submit to JFC and implement a plan providing for the consolidation in DOA by July 1, 1997, of the responsibilities of state agencies primarily related to their document production, reproduction and distribution functions; on July 1, 1996, transfers administration of the low-income energy assistance program from the department of health and social services (DHSS) to DOA; abolishes the sentencing commission, along with the requirement that judges consider sentencing guidelines established by that commission when imposing felony sentences; and abolishes the privacy council and the position of the privacy advocate.
Agriculture, trade and consumer protection
The bill abolishes the board of agriculture, trade and consumer protection, which directs and supervises the department of agriculture, trade and consumer protection (DATCP); puts DATCP under the direction and supervision of a secretary who is nominated by the governor and appointed with the advice and consent of the senate; creates an agriculture, trade and consumer protection council to advise DATCP; and requires DOA to submit legislation by April 1, 1995, to transfer consumer protection functions from DOJ to DATCP.
Corrections
The bill transfers responsibility for the operation of the juvenile secured correctional facilities known as the Ethan Allen School and the Lincoln Hills School from DHSS to the department of corrections on July 1, 1996.
Development
The bill abolishes the council on recycling, which is attached to the department of natural resources (DNR), and transfers the functions of that council to the recycling market development board, which is transferred from DOA to the department of development (DOD). On July 1, 1996, the bill transfers responsibility for administering and enforcing state laws regulating safety and buildings from the department of industry, labor and human relations (DILHR) to DOD; transfers to DOD most of the responsibilities of DNR relating to leaks from underground tanks storing petroleum and other hazardous substances, as well as the petroleum storage remedial action program responsibilities currently performed by DILHR and DNR; transfers to DOD the responsibilities of DATCP and DILHR relating to the platting of subdivisions, as well as certain municipal boundary review functions currently performed by DOA; transfers the responsibility to operate a center for international agribusiness marketing from DATCP to DOD; and changes the name of DOD to the department of commerce.
Education
On July 1, 1996, the bill transfers from the department of public instruction (DPI) to the department of revenue (DOR) the responsibility for calculating and distributing general school aid, the responsibility for distributing handicapped education aid, pupil transportation aid, bilingual-bicultural education aid, school library aids and tuition payments; changes the name of DPI to the department of education (DOE) and provides for DOE to be under the direction and supervision of a secretary of education, who is nominated by the governor and appointed with the advice and consent of the senate; transfers to the secretary of education all duties and powers currently assigned or granted to the state superintendent of public instruction; creates an office of the state superintendent, attached to DOE, under the direction and supervision of the state superintendent; eliminates the higher educational aids board (HEAB) and transfers all functions of HEAB to DOE; transfers all functions of the educational approval board (EAB), currently attached to the technical college system board, to DOE; and transfers EAB itself to DOE as an advisory council.
Financial institutions
On July 1, 1996, the bill creates a department of financial institutions (DFI), abolishes the office of the commissioner of banking, the office of the commissioner of savings and loan and the office of the commissioner of securities and consolidates their functions in DFI; reorganizes the office of the commissioner of credit unions into the office of credit unions and attaches that office to DFI for administrative purposes; transfers from the office of the secretary of state to DFI the responsibility for uniform commercial code filings, for federal lien filings and for the computerized statewide lien system operated in conjunction with county offices of registers of deeds; and transfers from the department of regulation and licensing to DFI regulatory responsibility over mortgage bankers, loan originators and loan solicitors.
Gaming commission
On January 1, 1996, the bill changes the composition of the gaming commission to replace 2 full-time commissioners with state employes; on January 1, 1996, abolishes the gaming security division of the commission and requires the commission to contract with DOA or another person for security services and the monitoring of regulatory compliance by gaming operations; and removes the prohibition against private contracting for financial auditing or security monitoring services for the state lottery.
Governor
The bill creates a governor's council on workforce excellence and consolidates in that council oversight over the planning, coordination, administration and implementation of various state and federal employment and education programs currently administered by DILHR, DHSS, the technical college system, DPI, DOD and DOA.
Health and social services
The bill eliminates the cost containment commission, which reviews and approves certain proposed capital expenditures for hospitals, and the cost containment council, which advises the commission. On October 1, 1995, the bill exempts hospitals and nursing homes from DILHR's review of plans for capital construction for compliance with building code requirements and requires DHSS to conduct plan reviews of hospitals and nursing homes for compliance with building code requirements and with physical plant and life safety code requirements; and on July 1, 1996, changes the name of DHSS to the department of health and family services.
Industry, labor and human relations
On July 1, 1996, the bill transfers from DHSS to DILHR supervision over the administration of the aid to families with dependent children (AFDC) program, the job opportunities and basic skills program, and the learnfare, work-not-welfare and parental responsibility pilot programs; transfers from DHSS to DILHR administration of the food stamps program, the employment and training program for food stamp recipients, the children-first program and the program for payment of funeral expenses for recipients of certain public assistance programs; transfers from DHSS to DILHR supervision of income maintenance administration by county departments of social or human services; transfers the division of vocational rehabilitation from DHSS to DILHR; transfers the national and community service board, currently attached to DOA, to DILHR; changes the name of DILHR to the department of industry, labor and job development; and, on the date the bill becomes law, transfers the Wisconsin conservation corps board, currently attached to DOA, to DILHR.
Insurance
On January 1, 1996, the bill transfers the duty to provide information and counseling to consumers on medicare supplemental insurance from the board on aging and long-term care to the office of the commissioner of insurance.
Judicial council
The bill abolishes the executive secretary and clerical support for the judicial council, requires the judicial commission to provide staff services to the judicial council and requires that council to recommend court changes that will improve court efficiency and effectiveness and reduce costs.
Justice
The bill abolishes the public intervenor position, as well as the requirement that the attorney general appoint a public intervenor advisory committee.
Natural resources
The bill abolishes the natural resources board, which appoints a secretary to administer DNR; provides for nomination of the secretary of natural resources by the governor and appointment with the advice and consent of the senate; and creates a natural resources council to advise DNR.
Personnel commission
The bill transfers the council on municipal collective bargaining, currently attached to the employment relations commission (ERC), to the personnel commission; transfers from DILHR to the personnel commission the council on worker's compensation, the construction wage rate council, the self-insurer's council, the Wisconsin apprenticeship council and the labor standards council; on July 1, 1996, abolishes the labor and industry review commission (LIRC) and ERC and transfers their functions to the personnel commission; on July 1, 1996, changes the name of the personnel commission to the employment commission; and directs the employment commission to study its procedures and report to the secretary of administration by October 31, 1996, its recommendations on ways to streamline its operations.
Public service commission
The bill abolishes the radioactive waste review board, the radioactive waste policy council and the radioactive waste technical council, all in the UW System, and transfers the responsibilities of the radioactive waste review board to the public service commission.
Revenue
On July 1, 1996, the bill transfers from the office of the secretary of state to DOR the responsibility for recordkeeping and the filing of business organization records and the function of acting as agent for service of process for business organizations; and, on January 1, 1996, transfers from DILHR to DOR the responsibility for collecting the petroleum inspection fee.
State treasurer
On July 1, 1996, the bill abolishes the office of the state treasurer and requires DOA to establish a subunit in DOA headed by the state treasurer, under the direction and supervision of the secretary of administration.
Tourism and parks
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 ***