58 Veterans Affairs
59 Other
— — — — — —
— — — — — —
— — — — —
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
