Currently, county departments of social services must submit to DHSS their
plans and contracts for care and services that the county departments will purchase.
DHSS, in turn, must review the contracts and approve them if they are consistent
with DHSS rules and procedures and if state and federal funds are available for their
purposes.
This bill authorizes, rather than requires, DHSS to require county departments
of social services, human services, community programs and developmental
disabilities services to submit contracts for the purchase of care and services to
DHSS for review and approval.
Current law provides a procedure for the involuntary commitment for
treatment of sexually violent persons. A sexually violent person who is committed
for treatment may be placed in an institution for care or may be placed on supervised
release in the community. DHSS is responsible for the costs of evaluating, treating
and caring for sexually violent persons who are committed for treatment. This bill
clarifies that if a sexually violent person is placed on supervised release, DHSS is
responsible for paying for treatment and care provided to the sexually violent person
while he or she is in the community.
Under current law, if a child's birth occurs in or en route to a hospital and if the
child's parents are unmarried, the hospital administrator or certain other persons
must provide the child's mother with a voluntary paternity acknowledgment form
and with a pamphlet that has information about birth certificates.
This bill requires that trained, designated hospital staff provide oral
information to the child's available unmarried parents about the voluntary paternity
acknowledgment form and about the legal significance and benefits of establishing
paternity.
Under current law, a general purpose revenue appropriation to DHSS funds
payments to counties for establishing paternity. Another general purpose revenue
appropriation to DHSS funds assistance to certain counties in establishing paternity
and obtaining child support and payments to Milwaukee County for an additional
family court commissioner. A program revenue appropriation to DHSS that consists
of child support moneys collected for children receiving AFDC funds, among other
things, state incentive payments to counties that meet certain efficiency criteria for
paternity establishment and child support collection. Another program revenue
appropriation to DHSS from the same funding source, (AFDC child support
collections), funds grants to counties for programs to revise child support orders.
This bill provides one single program revenue appropriation to DHSS for
payments to counties for all activities related to child support establishment and
collection, funded entirely from AFDC child support collections.
This bill eliminates a program in DHSS to conduct a statewide elder abuse
awareness campaign.
This bill directs DHSS to conduct a study, and submit its conclusions and
recommendations to DOA and JCF by December 1, 1995, on limiting licenses issued
by the state for failure to pay child or family support. DHSS must address such
issues as: what licenses are amenable to limitation; what types of limitations are
feasible; how to implement such a program; the cost of administering such a
program; and the estimated increase in support collections from such a program.
Insurance
Under current law, the commissioner of insurance may by rule prescribe
educational prerequisites and set continuing education standards for insurance
intermediaries (generally, insurance agents). The commissioner may also suspend
the license of an intermediary who fails to produce evidence of compliance with any
continuing education standards set by the commissioner.
This bill authorizes the commissioner to approve organizations that may offer
prelicensing or continuing education courses or programs, for an initial fee not
exceeding $500 and an annual renewal fee not exceeding $100, and to approve the
courses that an approved organization may offer, for a fee not exceeding $25 per
credit hour. The bill also provides that if an intermediary whose license is suspended
for failure to produce evidence of compliance with continuing education standards
produces such evidence within 60 days after the license is suspended, the license is
reinstated, effective on the date of the suspension. If the intermediary does not
produce evidence of compliance within 60 days, however, the license is revoked and
the intermediary must satisfy all original licensing requirements to be relicensed.
Under current law, every business corporation, including a nonprofit
corporation, and every limited partnership must maintain in this state a registered
agent for service of process. Current law does not require insurers to maintain a
registered agent for service of process. Service is made on the commissioner of
insurance or, if a legal proceeding is brought by the state, on the secretary of state.
The commissioner or secretary of state must send a copy of the process by certified
mail to the person served at the person's last-known principal place of business,
residence or post-office address. The fee for service on the commissioner is $5.
This bill requires every insurer to maintain in this state a registered agent for
service of process, whose name and address must be filed with the commissioner. If
an insurer fails to maintain an agent or if the agent cannot be found, substituted
service may be made on the commissioner, or on the secretary of state if the action
is brought by the state. If substituted service is made, the commissioner or the
secretary of state must follow the same procedure as before for mailing the process.
The bill, however, increases the fee for service on the commissioner to $10.
Under current law, the commissioner of insurance collects fees for various
services provided by the office of the commissioner of insurance (OCI). The fees are
used to pay for the general operating costs of OCI. This bill increases the fees for
insurers, rate service organizations and motor clubs for: filing documents required
by law as a prerequisite to operating in this state; issuing a certificate of authority;
annually continuing a certificate of authority; and filing an annual statement. The
bill also creates a fee for certifying copies of a number of types of documents, such as
certificates of authority and annual statements.
Under current law, hospitals must use a uniform accounting system developed
by the office of health care information (OHCI) in OCI and specified in rules
promulgated by the commissioner of insurance. This bill eliminates that
requirement.
Under current law, the activities of OHCI are funded by assessments paid by
hospitals in proportion to gross private-pay patient revenues during the most
recently concluded fiscal year. One of the responsibilities of OHCI is to collect health
care information from health care providers other than hospitals and ambulatory
surgery centers to analyze and disseminate in language that can be understood by
lay persons. General operations of OCI are funded by fees paid by insurers for
various services provided by OCI, such as issuing certificates of authority, filing
annual statements and listing insurance agents.
Under this bill, the responsibility of OHCI to collect, analyze and disseminate
information from health care providers other than hospitals and ambulatory surgery
centers may be funded from OCI's appropriation derived from insurer fees, as well
as from the appropriation for OHCI derived from hospital assessments.
OCI administers the patients compensation fund, the local government
property insurance fund and the state life insurance fund. The patients
compensation fund is derived from assessments paid by certain health care
providers, and the other 2 funds are derived from premiums paid by policyholders
insured under the funds. For each fund there exists an annual appropriation (from
which the unencumbered balance remaining at the end of a fiscal year lapses back
to the fund) for paying the expenses of administering the fund and a continuing
appropriation (from which the balance never lapses) for making the payments for
which the fund was created, such as losses under the property or life insurance
policies and compensation to patients making claims against health care providers.
This bill specifically provides that moneys appropriated under the continuing
appropriation for each of the 3 funds may not be used for expenses related to
administering the fund.
Local government
Shared revenue and property tax credits
This state currently distributes a school levy property tax credit to
municipalities that is based upon each municipality's share of statewide levies for
school purposes. Beginning in 1997, this bill increases the annual amount
distributed under this credit from $319,305,000 to $469,305,000.
Under current law, a small municipality receives, in addition to payments
under the regular shared revenue formula, an additional shared revenue payment
if it has a population of 5,000 or less, a tax rate of at least one mill and the full value
of the property in the municipality meets certain tests. This bill ends funding for
these additional payments after 1995. In 1995, $14,000,000 was appropriated for
those payments.
This bill requires counties to spend shared revenue payments first for circuit
court expenses, for probation and parole hold costs in county jails and for youth
services expenses and 2nd for other costs for which the counties would otherwise levy
property taxes. The bill also requires counties to spend mandate relief payments
first for probation and parole hold costs in county jails and 2nd for costs for which
the counties would otherwise levy property taxes.
Other local government
Under the current tax incremental financing (TIF) program, a city or village
may create a tax incremental district (TID) in part of its territory to foster
development in certain areas that are blighted, in need of rehabilitation or suitable
for industrial sites. Before a city or village may create a TID, several steps and plans
are required, including public hearings on the proposed TID, preparation and
adoption of a project plan for the TID and creation of a joint review board to review
the proposal. The joint review board, which is made up of representatives of the
overlying taxing jurisdictions of the proposed TID, must approve the project plan or
the TID may not be created. If an existing TID project plan is amended by a planning
commission, these steps are also required.
Also under current law, once a TID has been created, the department of revenue
(DOR) calculates the "tax increment base value" of the TID, which is the value of all
taxable property within the TID at the time of its creation equalized for state
purposes. If the development in the TID increases the value of the property in the
TID above the base value, a "value increment" is created. That portion of taxes
collected on the value increment in excess of the base value is called a "tax
increment". The tax increment is placed in a special fund that may be used only to
pay back the costs of the TID, such as public works, financing costs, and professional
service costs. DOR authorizes the allocation of the tax increments until the TID
terminates or 23 years after the TID is created, whichever is sooner. Under current
law, TIDs are required to terminate in most cases once these costs are paid back, 16
years after the last expenditure identified in the project plan is made or when the
creating city or village dissolves the TID, whichever occurs first. Tax increments
generated by a TID may be expended during a period of not more than 7 years.
This bill creates a mechanism by which the planning commission of a city or
village may allocate positive tax increments generated by one TID (the donor TID)
to another TID created by that planning commission (the recipient TID) if certain
conditions are met, including a requirement that the 2 TIDs have the same overlying
taxing jurisdictions. This change applies only to TIDs that are created before
October 1, 1994, and such an allocation may continue for no more than 10 years.
The bill also extends the life span of TIDs that are created before October 1,
1994. For such a TID, the maximum life span is increased from 23 to 27 years, DOR
may allocate tax increments for 27 years instead of 23 years and the maximum time
that the TID may exist after the last expenditure identified in the project plan is
made is 16 years instead of 20 years. The bill does not increase the maximum period
of time during which tax increments may be expended.
Under current law, the state pays to a county that has a county assessor system
either 75% of the costs of the system or 75% of the sum of 0.2 mill multiplied by the
full value of taxable property in the county plus $3.95 multiplied by the number of
parcels of land in the county, whichever is less. Under this bill, the state does not pay
any of the costs of a county assessor system, but a county may charge the cities,
villages and towns in the county for the cost of assessments.
Under current law, most towns may incorporate as a city or village only after
following certain procedures and receiving approval for the incorporation from a
circuit court and from the department of administration (DOA). Also under current
law, if a town wishes to consolidate with another contiguous city, village or town, the
consolidation may not take effect unless a circuit court and DOA find that the
proposed consolidation is in the public interest. Town territory that is contiguous to
any city or village may be annexed to that city or village under several methods,
including direct annexation and annexation by referendum. Under both of these
methods, in a county with a population of at least 50,000, DOA is authorized to advise
whether the proposed annexation is against the public interest. Upon receiving such
notice, the annexing municipality is required to review DOA's advice before final
action is taken.
This bill transfers all of these incorporation and boundary review functions
from DOA to the department of development (DOD), effective on July 1, 1996.
Currently, public records not stored in hard copy format may be transferred to
microfilm or optical disk format only. This bill authorizes local government records
to be transferred to or maintained in optical disk or electronic format subject to rules
promulgated by DOA.
Natural resources
Fish, game and wildlife
This bill changes the fees charged by the department of natural resources
(DNR) for certain fish and game licenses, permits, stamps and duplicate licenses.
The bill increases the fees for the following:
1. All hunting licenses and permits except bonus deer hunting permits.
2. All recreational fishing licenses except sturgeon spearing licenses.
3. Sports licenses and conservation patron licenses.
4. Commercial fishing licenses, except for licenses that authorize fishing for
only rough fish in outlying waters under contract with DNR.
5. Duplicates for hunting licenses, fishing licenses, sports licenses and
conservation patron licenses.
The bill decreases the fees for most fishing and hunting stamps, except the bill
increases the fee for the waterfowl hunting stamp.
Currently, a conservation patron license confers on its holder the privileges of
most of the state's fish and game licenses and allows a licensee to use a state park,
state trail or other related areas without having to pay an admission fee. A sports
license confers on its holder the privileges of the resident small game hunting, deer
hunting and fishing licenses. Under current law, only residents may purchase these
licenses. This bill allows both residents and nonresidents to purchase these licenses.
Nonresidents must pay a higher fee than residents.
Under current law, a wildlife damage surcharge is imposed on the fee for sports
licenses but no wildlife damage surcharge is imposed on conservation patron
licenses. This bill imposes a wildlife damage surcharge on the conservation patron
license and raises the surcharge on the sports license.
Under current law, DNR may issue a permanent fishing license to a state
resident who has a certain disability. The license is valid from the date of issuance
as long as the licensee is a resident and his or her disability continues. There is no
fee for this license.
Under this bill, this license is valid for one year. A license issued before the day
the bill becomes law remains valid until March 31, 1996. The bill also imposes a fee
for this license.
Current law requires DNR to collect a nonrefundable processing fee of $3 for
each application submitted for certain hunting and trapping licenses, permits and
stamps. Under this bill, DNR must also collect this processing fee for each
application submitted for a bonus deer hunting permit.
This bill authorizes DNR to establish a fee that may be charged to cover the
costs that are associated with paying for fish and game licenses, permits and stamps
requested by mail, telephone or electronic means.
Under current law, a minor under the age of 12 may not hunt with a firearm.
Also, except for the hunting safety certificate of accomplishment, DNR may not issue
any type of hunting license, permit or stamp to a minor under the age of 12. This
certificate only authorizes the hunting of small game and can only be used once the
minor reaches the age of 12.
Under this bill, a minor who is a state resident and who is 11 years old may
apply for a hunting license, permit or stamp that is issued by a preference system
used by DNR if the minor has a certificate of accomplishment. However, the minor
may not use the license, permit or stamp until he or she reaches the age of 12.
Under this bill, DNR may conduct educational hunting, fishing and trapping
activities for groups of persons whom DNR determines will benefit from such
activities.
Under current law, a county may apply to DNR for aids to improve the natural
environment of the game and nongame species in the county's forests. Under current
law, the maximum annual aids payment that a county may receive may not exceed
10 cents per acre. Under this bill, the maximum annual aids payment is increased
to 20 cents per acre.
Navigable waters
Under current law, most boats must have certificates of number that are issued
annually for a fee by DNR. The fee for a certificate of number is based on the size
of the boat. This bill increases these fees.
This bill makes changes in the fee structure for applications for permits and
other approvals issued by the DNR for various projects that affect navigable waters
and wetlands.
For projects such as the placement of structures or deposits in navigable waters
and for certain permits that affect dams the bill changes the fees so that they are
based on the number of hours DNR typically spends on reviewing, investigating and
making a determination on the application. Under current law, the amount of the
fee is based on the cost of the project.
This bill also authorizes DNR to charge the following fees, for which no
authority exists under current law:
1. A fee for making a determination as to whether a project complies with the
water quality standards for wetlands promulgated by rule by DNR.
2. A fee for making a determination as to whether a structure or deposit placed
in navigable waters by a riparian owner will violate the rights of the public or of
riparian owners other than the owner seeking to place the structure or deposit.
3. A fee for conducting a hearing on whether to issue a permit to approve a
project that affects navigable waters or for a dam.
Under current law, local units of government are exempt from paying
application fees for permits or approvals. This bill eliminates that exemption.
Under current law, DNR must issue permits authorizing activities in navigable
waters such as the placement of structures or deposits. Under this bill, DNR may
delegate this responsibility to a municipality if DNR determines that the activity is
one that can be regulated by the municipality and if the municipality is willing and
equipped to assume the responsibility.
The bill also provides that no individual or general permit is needed from DNR
for certain types of activities in navigable waters, such as placing gravel or riprap,
if DNR promulgates rules establishing construction and location standards for the
activity and if the activity does not have a significant impact on the environment or
on the public's rights in navigable waters.
