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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
