AB935: Bill Text

AB935,31,18 233.04 (7s) Prior to negotiation of extension or renewal of the initial lease agreement under sub. (7) or the initial affiliation agreement under sub. (7m), notify the legislative audit bureau and cooperate Cooperate with the legislative audit bureau in its performance of the any audit required under s. 13.94 (1) (o) (b).

AB935, s. 67 Section 67. 233.12 of the statutes is created to read:

AB935,31,23 233.12 Maintenance of records. (1) (a) Subject to rules promulgated by the department of administration under s. 16.611, the authority may transfer to or maintain in optical disk or electronic format any record in its custody and retain the record in that format only.

AB935,32,2 (b) Subject to rules promulgated by the department of administration under s. 16.611, the authority shall maintain procedures to ensure the authenticity, accuracy, reliability and accessibility of records transferred to or maintained in optical disk or electronic format under par. (a).

AB935,32,6 (c) Subject to rules promulgated by the department of administration under s. 16.611, if the authority transfers to or maintains in optical disk or electronic format any records in its custody, the authority shall ensure that the records stored in that format are protected from unauthorized destruction.

AB935,32,9 (2) (a) Any microfilm reproduction of an original record of the authority, or a copy generated from an original record stored in optical disk or electronic format, is considered an original record if all of the following conditions are met:

AB935,32,12 1. Any device used to reproduce the record on film or to transfer the record to optical disk or electronic format and generate a copy of the record from optical disk or electronic format accurately reproduces the content of the original.

AB935,32,17 2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the public records board, or the optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department of administration under s. 16.611.

AB935,32,19 3. The film is processed and developed in accordance with the minimum standards established by the public records board.

AB935,32,22 4. The record is arranged, identified and indexed so that any individual document or component of the record can be located with the use of proper equipment.

AB935,33,3 5. The custodian of the record designated by the authority executes a statement of intent and purpose describing the record to be reproduced or transferred to optical disk or electronic format and the disposition of the original record, and executes a certificate verifying that the record was received or created and microfilmed or transferred to optical disk or electronic format in the normal course of business and files the statement in the offices of the authority.

AB935,33,6 (b) The statement of intent and purpose executed under par. (a) 5. is presumptive evidence of compliance with all conditions and standards prescribed by this subsection.

AB935,33,13 (3) (a) Any microfilm reproduction of a record of the authority meeting the requirements of sub. (2) or copy of a record of the authority generated from an original record stored in optical disk or electronic format in compliance with this section shall be taken as, stand in lieu of and have all the effect of the original document and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible.

AB935,33,18 (b) Any enlarged copy of a microfilm reproduction of a record of the authority made as provided by this section or any enlarged copy of a record of the authority generated from an original record stored in optical disk or electronic format in compliance with this section that is certified by the custodian as provided in s. 889.08 shall have the same force as an actual-size copy.

AB935, s. 68 Section 68. 409.411 (title) of the statutes is created to read:

AB935,33,20 409.411 (title) Uniform commercial code statewide lien system council.

AB935, s. 69 Section 69. 422.505 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,34,2 422.505 (1) (e) A conspicuous statement, in not less than 8-point boldface type, as follows: "THIS CREDIT SERVICES ORGANIZATION IS REGISTERED BY THE DIVISION OF BANKING DEPARTMENT OF FINANCIAL INSTITUTIONS at .... (insert address)."

AB935, s. 70 Section 70. 426.103 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,34,6 426.103 Administrator. "Administrator" means the division of banking secretary of financial institutions.

AB935, s. 71 Section 71. 426.104 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,34,15 426.104 (2) (intro.) The administrator shall report annually on practices in consumer transactions, on the use of consumer credit in the state, on problems attending the collection of debts, on the problems of persons of limited means in consumer transactions, and on the operation of chs. 421 to 427. For the purpose of making the report, the administrator may conduct research and make appropriate studies. The report shall be included given to the division of banking for inclusion in the report of the division of banking under s. 220.14 and shall include:

AB935, s. 72 Section 72. 560.82 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 560.82 (4) (a) (intro.) and amended to read:

AB935,34,19 560.82 (4) (a) (intro.) Award in a fiscal biennium, for grants under sub. (1), more than 10% of the total of all of the following:

AB935,34,20 1. The funds appropriated for the fiscal biennium under s. 20.143 (1) (fm).

AB935, s. 73 Section 73. 560.82 (4) (a) 2. and 3. of the statutes are created to read:

AB935,34,24 560.82 (4) (a) 2. The lesser of the funds received in a fiscal biennium in repayment of grants or loans under s. 560.83 or the funds appropriated for the fiscal biennium under s. 20.143 (1) (im).

AB935,34,25 3. The funds appropriated for the fiscal biennium under s. 20.143 (1) (km).

AB935, s. 74 Section 74. 560.82 (4) (a) 3. of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

AB935, s. 75 Section 75. 562.065 (3) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,35,11 562.065 (3) (b) 1. For horse races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) shall use at least an amount equal to 8% of the total amount wagered on each race day from live, on-track races conducted at the racetrack for purses for races held on that race day, except as provided in s. 562.057 (4). The licensee shall pay purses directly to the owner of a horse or, if a horse is leased, the licensee shall pay the purse directly to the lessor and lessee of the horse as agreed in a written lease agreement on file with the licensee.

AB935, s. 76 Section 76. 562.065 (3) (c) 1. of the statutes is amended to read:

AB935,35,15 562.065 (3) (c) 1. For live, on-track horse races conducted at a racetrack, from the total amount deducted under par. (a) on each race day, a licensee under s. 562.05 (1) (b) shall deposit with the commission the following amounts:

AB935,35,19 a. One percent of the total amount wagered on live, on-track horse races conducted at the racetrack on that race day if the total amount wagered on all previous race days for live, on-track horse races conducted at the racetrack during the year is more than $50,000,000 but not more than $100,000,000.

AB935,35,23 b. Two percent of the total amount wagered on live, on-track horse races conducted at the racetrack on that race day if the total amount wagered on all previous race days for live, on-track horse races conducted at the racetrack during the year is more than $100,000,000 but not more than $150,000,000.

AB935,36,2 c. Three percent of the total amount wagered on live, on-track horse races conducted at the racetrack on that race day if the total amount wagered on all previous race days for live, on-track horse races conducted at the racetrack during the year is more than $150,000,000.

AB935, s. 77 Section 77. 562.065 (3) (c) 2. of the statutes is repealed.

AB935, s. 78 Section 78. 562.065 (3) (c) 2g. of the statutes is amended to read:

AB935,36,9 562.065 (3) (c) 2g. For simulcast races and live, on-track dog races conducted at a racetrack, from the total amount deducted under par. (a) on each race day that is on or after January 1, 1993 the effective date of this subdivision .... [revisor inserts date], a licensee under s. 562.05 (1) (b) shall deposit with the commission the following amounts:

AB935,36,13 a. Two percent of the total amount wagered on simulcast races and live, on-track dog races conducted at the racetrack on that race day if the total amount wagered on all previous race days for simulcast races and live, on-track dog races conducted at the racetrack during the year is not more than $25,000,000.

AB935,36,18 b. Two and two-thirds percent of the total amount wagered on simulcast races and live, on-track dog races conducted at the racetrack on that race day if the total amount wagered on all previous race days for simulcast races and live, on-track dog races conducted at the racetrack during the year is more than $25,000,000 but not more than $100,000,000.

AB935,36,23 c. Four and two-thirds percent of the total amount wagered on simulcast races and live, on-track dog races conducted at the racetrack on that race day if the total amount wagered on all previous race days for simulcast races and live, on-track dog races conducted at the racetrack during the year is more than $100,000,000 but not more than $150,000,000.

AB935,37,3 d. Six and two-thirds percent of the total amount wagered on simulcast races and live, on-track dog races conducted at the racetrack on that race day if the total amount wagered on all previous race days for simulcast races and live, on-track dog races conducted at the racetrack during the year is more than $150,000,000 but not more than $200,000,000.

AB935,37,8 e. Seven and two-thirds percent of the total amount wagered on simulcast races and live, on-track dog races conducted at the racetrack on that race day if the total amount wagered on all previous race days for simulcast races and live, on-track dog races conducted at the racetrack during the year is more than $200,000,000 but not more than $250,000,000.

AB935,37,12 f. Eight and two-thirds percent of the total amount wagered on simulcast races and live, on-track dog races conducted at the racetrack on that race day if the total amount wagered on all previous race days for simulcast races and live, on-track dog races conducted at the racetrack during the year is more than $250,000,000.

AB935, s. 79 Section 79. 938.02 (15m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB935,37,21 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b) and a facility authorized under s. 938.538 (4) (b).

AB935, s. 80 Section 80. 938.183 (1) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB935,38,3 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility, or a secured child caring institution or a secured adolescent treatment unit under s. 46.043 or who has been adjudicated delinquent and has committed a violation of s. 940.20 (2m).

AB935, s. 81 Section 81. 939.635 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB935,38,17 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043, the court shall sentence the person to not less than 5 years of imprisonment.

AB935, s. 82 Section 82. 939.635 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB935,39,2 939.635 (2) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured adolescent treatment unit under s. 46.043 or from committing violations of s. 940.20 (2m).

AB935, s. 83 Section 83. 1995 Wisconsin Act 27, section 9322 is created to read:

AB935,39,4 [1995 Wisconsin Act 27] Section 9322. Initial applicability; ethics board.

AB935,39,7 (1) Lobbying regulation fees. The treatment of sections 13.63 (1) and 13.75 (1), (1m), (2) and (4) of the statutes first applies to fees paid for the biennial period commencing on January 1, 1997.

AB935, s. 84 Section 84. 1995 Wisconsin Act 27, section 9422 is repealed.

AB935, s. 9123 Section 9123. Nonstatutory provisions; financial institutions.

AB935,39,10 (1) Administration of the Wisconsin consumer act.

AB935,39,17 (a) Rules and orders. All rules promulgated by the division of banking under chapters 421 to 427 of the statutes that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of financial institutions. All orders issued by the division of banking under chapters 421 to 427 of the statutes that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of financial institutions.

AB935,39,23 (b) Pending matters. Any matter pending with the division of banking under chapters 421 to 427 of the statutes on the effective date of this paragraph is transferred to the department of financial institutions and all materials submitted to or actions taken by the division of banking with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.

AB935, s. 9162 Section 9162. Nonstatutory provisions; other.

AB935,40,2 (1) University of Wisconsin Hospitals and Clinics; lease and affiliation agreements.

AB935,40,3 (a) Definitions. In this subsection:

AB935,40,5 1. "Authority" means the University of Wisconsin Hospitals and Clinics Authority.

AB935,40,7 2. "Board of regents" means the board of regents of the University of Wisconsin System.

AB935,40,15 (b) Lease agreement. Notwithstanding section 233.04 (7) and (7g) (a) of the statutes, as affected by this act, and 1995 Wisconsin Act 27, section 9159 (2) (k), if the authority and the board of regents have negotiated and entered into a lease agreement with an initial period of the agreement of not more than 5 years, the authority and the board of regents may modify the lease agreement no later than the first day of the 4th month beginning after the effective date of this paragraph to specify a longer initial period of the agreement. The modification under this paragraph may be made without the approval of the joint committee on finance.

AB935,40,24 (c) Affiliation agreement. Notwithstanding section 233.04 (7) and (7p) (a) of the statutes, as affected by this act, section 233.04 (7m) of the statutes and 1995 Wisconsin Act 27, section 9159 (2) (k), if the authority and the board of regents have negotiated and entered into an affiliation agreement with an initial period of the agreement of not more than 5 years, the authority and the board of regents may modify the affiliation agreement no later than the first day of the 4th month beginning after the effective date of this paragraph to specify a longer initial period of the agreement. The modification under this paragraph may be made without the approval of the joint committee on finance.

AB935, s. 9201 Section 9201. Appropriation changes; administration.

AB935,41,6 (1) Land information board positions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.505 (4) (ie) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $32,400 for fiscal year 1995-96 and the dollar amount is increased by $32,400 for fiscal year 1996-97 to increase the authorized FTE positions for the department by 1.0 PR position for the land information board.

AB935, s. 9224 Section 9224. Appropriation changes; gaming commission.

AB935,41,12 (1) General program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the gaming board under section 20.197 (1) (g) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $93,500 for fiscal year 1996-97 to increase the authorized FTE positions for the board by 1.0 PR position on July 1, 1996.

AB935, s. 9247 Section 9247. Appropriation changes; revenue.

AB935,41,18 (1) Lottery general program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (8) (q) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $93,500 for fiscal year 1996-97 to decrease the authorized FTE positions for the department by 1.0 SEG position on July 1, 1996.

AB935, s. 9261 Section 9261. Appropriation changes; veterans affairs.

AB935,41,24 (1) Veterans loans and expenses. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (2) (y) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $250,100 for fiscal year 1996-97 to decrease funding for the purposes for which the appropriation is made.

AB935,42,5 (2) Cemetery operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (4) (g) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $250,100 for fiscal year 1996-97 to decrease funding for the purposes for which the appropriation is made.

AB935,42,10 (3) Cemetery administration and maintenance. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (4) (q) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $250,100 for fiscal year 1996-97 to increase funding for the purposes for which the appropriation is made.

AB935,42,16 (4) Veterans institutional operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans affairs under section 20.485 (1) (gk) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $17,700 for fiscal year 1995-96 and the dollar amount is decreased by $17,700 for fiscal year 1996-97 to decrease funding for the purpose for which the appropriation is made.

AB935,42,22 (5) Administration of loans and aids to veterans. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of veterans under section 20.485 (2) (u) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $17,700 for fiscal year 1995-96 and the dollar amount is increased by $17,700 for fiscal year 1996-97 to increase funding for the purpose for which the appropriation is made.

AB935, s. 9400 Section 9400. Effective dates; general. Except as otherwise provided in Sections 9401 to 9462 of this act, this act takes effect on the day after publication.

AB935, s. 9412 Section 9412. Effective dates; corrections.

AB935,43,5 (1) Mendota juvenile treatment center. The treatment of sections 938.183 (1) (a) and 939.635 (1) and (2) (b) of the statutes, the repeal of section 46.043 (by Section 42) of the statutes and the amendment of sections 46.057 (1) and (2) and 938.02 (15m) of the statutes take effect on July 1, 1996, or on the day after publication, whichever is later.

AB935, s. 9415 Section 9415. Effective dates; development.

AB935,43,9 (1) Administrative services appropriation. The treatment of section 20.143 (3) (kc) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.

AB935,43,11 (2) Limit on early planning grants. The repeal of section 560.82 (4) (a) 3. of the statutes takes effect on July 1, 1997.

AB935, s. 9423 Section 9423. Effective dates; financial institutions.

AB935,43,15 (1) Department of financial institutions appropriations. The treatment of section 20.144 (1) (g) and (2) (g) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.

AB935,43,18 (2) Railroad stockholder reports. The treatment of section 190.13 of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.