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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
