SB565: Bill Text

Analysis by the Legislative Reference Bureau

Agriculture

Current law authorizes a court to order a defendant to pay enforcement costs incurred by the department of agriculture, trade and consumer protection (DATCP) in cases under most of the laws that DATCP enforces. This bill authorizes a court to order a defendant to pay DATCP's enforcement costs in cases under the drainage district laws.

Commerce and economic development

Financial institutions

Under the 1995-97 biennial budget act, the administrator of the Wisconsin consumer act is changed from the commissioner of banking to the division of banking. The division of banking is attached to the department of financial institutions (DFI), which was created in the biennial budget act. This bill changes the administrator of the Wisconsin consumer act from the division of banking to the secretary of financial institutions. The 1995-97 biennial budget act also transferred, from the commissioner of banking to the division of banking, responsibility for establishing and maintaining computer and any other services necessary to support the uniform commercial code statewide lien system. This bill transfers this responsibility from the division of banking to DFI.

Economic development

Under current law, $100,000 is transferred in each fiscal year of the 1995-97 fiscal biennium from the development fund appropriation to an appropriation that provides grants and loans for minority business projects. The appropriation for the minority business projects grants and loans is repealed on July 1, 1997, and its unencumbered balance lapses to the general fund. This bill provides instead for the unencumbered balance in that appropriation account to transfer to the development fund on July 1, 1997. The development fund is used to provide funding for the technology development grant and loan program, the research grant and loan program, the customized labor training grant and loan program, the major economic development projects program, the employe ownership assistance loan program and the Wisconsin trade project program.

Under current law, the department of development (DOD) may not award in grants for early planning projects more than 10% of the moneys appropriated for providing grants and loans for minority business projects. Two other appropriations to DOD are also used for providing grants and loans for minority business projects. This bill prohibits DOD from awarding in grants for early planning projects more than 10% of the total of the moneys appropriated under all 3 of those appropriations.

Correctional system

Under current law, the department of health and social services (DHSS) must provide a secured adolescent treatment unit at the Mendota Mental Health Institute. Currently, DHSS may designate not more than 43 beds at the unit as secured correctional facility beds. Current law defines a "secured correctional facility" as a correctional institution operated or contracted for by DHSS for holding in secure custody children who have been adjudged delinquent.

This bill eliminates the secured adolescent treatment unit and instead requires DHSS to establish, operate and maintain a Mendota juvenile treatment center (center) on the grounds of the Mendota Mental Health Institute. The bill eliminates the limitation of 43 beds that DHSS may designate as secured correctional facility beds and instead requires DHSS to operate the entire center as a secured correctional facility. Further, the bill expressly provides that the center is not a hospital, inpatient facility, state treatment facility or treatment facility and that DHSS and, after July 1, 1996, the department of corrections, may transfer to the center any child who has been placed in another secured correctional facility in the same manner that children are transferred between other secured correctional facilities, that is, on notice to the parent, guardian or legal custodian and committing court. Finally, the bill requires the center to provide psychological and psychiatric evaluations and treatment for children whose behavioral problems present a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center.

Education

Current law allows up to 7% of the enrollment of the Milwaukee Public Schools (MPS) to attend, at no charge, any private school located in the city of Milwaukee under certain circumstances. (In the 1996-97 school year, the limit is increased to 15%.) The state pays the parent or guardian of the pupil an amount equal to the amount of per pupil aid that MPS receives from the state or an amount equal to the private school's educational cost per pupil, whichever is less. The parent or guardian must endorse the check for the use of the private school. The state reduces the MPS school aid entitlement, for each pupil participating in the program, by the amount of per pupil aid that MPS would otherwise receive.

Under this bill, if in any school year there are more spaces available in the participating schools than the maximum number of pupils allowed to participate, the department of education must prorate the number of spaces available at each participating private school. Currently, there is no such provision.

Eminent domain

Under current law, an owner-occupant of property being acquired for a public purpose by an entity vested with the power of eminent domain (a condemnor) may waive his or her right to receive any relocation payments or services from the condemnor if the property is not contiguous to any property which may be acquired by the condemnor and is not part of a previously identified or proposed project where it is reasonable to conclude that acquisition by the condemnor may occur in the foreseeable future. In addition, current law prohibits a condemnor from proceeding with any activity that may involve the displacement of persons, business concerns or farm operations until the condemnor has filed a relocation payment plan and relocation assistance service plan and has had both plans approved by the department of industry, labor and human relations (beginning on July 1, 1996, the department of development).

This bill provides that, unless the property being acquired is part of a program or project receiving federal financial assistance, the owner-occupant may waive his or her right to receive any relocation payments or services from the condemnor, may agree to indemnify the condemnor for all relocation payments and services that are associated with the acquisition of the property and may agree to prepare and file the plans described above on behalf of the condemnor.

Employment

Under current law, the Wisconsin employment relations commission (WERC) is required to assess and collect a filing fee from the party or parties requesting that WERC initiate compulsory, final and binding arbitration with respect to a contract dispute involving a collective bargaining unit consisting of members of a fire department or a city or county law enforcement agency. This bill requires WERC to assess and collect a filing fee from the party or parties requesting that WERC initiate compulsory, final and binding arbitration with respect to a contract dispute involving a collective bargaining unit consisting of other local government employes. In addition, the bill provides that WERC is required to assess and collect a filing fee from the party or parties requesting that WERC act as a mediator in any labor dispute involving local government employes other than law enforcement or fire fighting personnel.

Gambling

Under current law, the state levies a 2% tax on the total amount wagered on a single dog race if the total amount wagered on all previous race days during the year is not more than $25,000,000; a 2 2/3% tax if the amount is more than $25,000,000 but not more than $100,000,000; a 4 2/3% tax if the amount is more than $100,000,000 but not more than $150,000,000; a 6 2/3% tax if the amount is more than $150,000,000 but not more than $200,000,000; a 7 2/3% tax if the amount is more than $200,000,000 but not more than $250,000,000; and an 8 2/3% tax if the amount is more than $250,000,000. In addition, under current law, the state levies a 1% tax on the total amount wagered on a single horse race if the total amount wagered on all previous race days during the year is more than $50,000,000 but not more than $100,000,000; a 2% tax if the amount is more than $100,000,000 but not more than $150,000,000; and a 3% tax if the amount is more than $150,000,000. (At present, there is no horse racing in this state.)

This bill specifies that the tax on the total amount wagered on dog races is for live, on-track dog races conducted at the racetrack of a person licensed by the gaming commission and that the tax on the total amount wagered on horse races is for live, on-track horse races conducted at the racetrack of a person licensed by the gaming commission. In addition, the bill specifies that the tax on simulcast racing conducted at the racetrack of a person licensed by the gaming commission is the same as the tax applicable to live, on-track dog races conducted at the racetrack.

Under current law, for horse races, a person licensed by the gaming commission is required to use at least 8% of the total amount wagered on each race day for purses for races held on that day. This bill specifies that the person is only required to use at least 8% of the total amount wagered on each race day from live, on-track races conducted at the licensee's racetrack for purses for races held on that day.

Health and social services

Under current law, the department of health and social services (renamed the department of health and family services (DHFS) by the 1995-97 biennial budget act) must implement a plan that is approved by DOA to assure that, by July 1, 1997, there are revenues sufficient to pay for care provided to patients of the Mendota Mental Health Institute and the Winnebago Mental Health Institute. DHFS must report to DOA every 3 months, beginning on October 1, 1993, and ending on July 1, 1997, concerning the implementation of the plan.

This bill changes to July 1, 1999, the date by which DHFS must implement the plan described above and extends the period during which DHFS must report to DOA concerning implementation of the plan until July 1, 1999.

Local government

Under current law, any combination of cities, villages or towns may determine the boundary lines between them under a cooperative plan that is approved by the department of administration (DOA). Under this bill, authority to approve such a plan is transferred from DOA to the department of commerce.

Under current law, a municipality (which includes a city, village, town, county, lake district, metropolitan sewerage district, town sanitary district and municipal water or power district) may issue revenue bonds to finance the purchase, acquisition, construction, improvement, operation or management of a public utility. A public utility is a revenue-producing facility or enterprise owned by a municipality for a public purpose, and includes public works projects such as swimming pools, tennis courts, golf links, municipal halls, courthouses, jails, schools, hospitals, waste collection and disposal facilities and sewerage systems. Current law also allows a municipality to issue new revenue bonds to provide funds for refunding certain specified types of obligations that are issued for a purpose related to a public utility or a public transportation system.

This bill allows revenue bonds to be issued to refund any municipal obligation, including interest on any municipal obligation, that is issued for a purpose related to a public utility or a public transportation system.

State government

Under current law, the board of directors of the University of Wisconsin Hospitals and Clinics Authority (UWHCA) is required to negotiate and enter into a lease agreement and an affiliation agreement with the board of regents of the University of Wisconsin (UW) System for the management and operation of the UW Hospitals and Clinics by UWHCA, beginning on June 29, 1996. The initial agreements are subject to the approval of the governor and the joint committee on finance (JCF). The initial period of the lease agreement and the affiliation agreement, and of any extension or renewal of either agreement, may not be longer than 5 years. Any modification, extension or renewal of the lease agreement or the affiliation agreement is subject to the approval of JCF. Before UWHCA and the board of regents may negotiate an extension or renewal of either the lease agreement or the affiliation agreement, the legislative audit bureau (LAB) must perform a performance evaluation audit of UWHCA.

This bill removes the 5-year limitation on the initial period of the lease agreement and the affiliation agreement, and of any extensions or renewals of either agreement. The bill allows UWHCA and the board of regents to modify the initial period of the lease agreement and the affiliation agreement without the approval of JCF if that period is for 5 years or less. The bill also removes the requirement that LAB perform a performance evaluation audit before extension or renewal of either agreement may be negotiated.

Under current law, UWHCA is required to negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Board (UWHCB) for employes of UWHCB to perform services at the University of Wisconsin Hospitals and Clinics, beginning on June 29, 1996.

This bill provides that the contractual services agreement may authorize UWHCA to perform specified ministerial duties for UWHCB with respect to UWHCB employes, including duties related to supervision, disciplinary action and the recommendation of new hires or layoffs. The agreement may also authorize UWHCB to use the services of UWHCA with respect to UWHCB employes in ministerial matters relating to collective bargaining, claims, complaints, or benefits and records administration.

Currently, the department of administration (DOA) advises and assists state agencies in the establishment and operation of records management programs and audits those programs. DOA also operates a state records center, central microfilm storage facility and a facility for the storage of records of state agencies in optical disk or electronic format, and charges agencies for the use of the center and facilities.

Currently, DOA prescribes, by rule, procedures for the transfer of the records of state agencies to optical disk or electronic format and qualitative standards for optical disks and for copies of documents generated from optical disks used to store those records. If a state agency follows those rules and certain statutory requirements in transferring its records to optical disk or electronic format, any microfilm reproduction or copy of a record of the agency stored in optical disk or electronic format is considered an original record for evidentiary purposes.

This bill treats UWHCA as a state agency for the purposes described above.

Under current law, a local professional baseball park district may, under certain conditions, enter into an agreement with DOA for DOA to provide building construction services or work to the district. Construction undertaken by such a district is generally subject to the ordinances and regulations of the municipality in which the construction takes place.

This bill provides that, if DOA undertakes construction on behalf of a local professional baseball park district of a building, structure or facility that is constructed for the benefit or use of the district, the building, structure or facility is exempt from all ordinances and regulations, except zoning ordinances and regulations, of the municipality in which the construction takes place.

This bill changes the name of the Kickapoo valley governing board to the Kickapoo reserve management board.

Other

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB565, s. 1 Section 1. 13.48 (13) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 24c, is amended to read.

SB565,9,3 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state or, any state agency, board, commission or department or, the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations and zoning ordinances or regulations of the municipality in which the construction takes place but the construction is not subject to other the ordinances or regulations of that the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB565, s. 2 Section 2. 13.94 (1) (o) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

SB565, s. 3 Section 3. 15.07 (1) (b) 20. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,9,9 15.07 (1) (b) 20. The 3 members of the Kickapoo valley governing reserve management board appointed under s. 15.445 (2) (b) 3.

SB565, s. 4 Section 4. 15.07 (5) (y) of the statutes is amended to read:

SB565,9,12 15.07 (5) (y) Members of the Kickapoo valley governing reserve management board, $25 per day.

SB565, s. 5 Section 5. 15.187 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 15.187 (1).

SB565, s. 6 Section 6. 15.187 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 409.411 (1) and amended to read:

SB565,9,19 409.411 (1) The uniform commercial code statewide lien system council shall advise the department of financial institutions on the uniform commercial code statewide lien system under s. 409.410.

SB565, s. 7 Section 7. 15.445 (2) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,9,22 15.445 (2) (title) Kickapoo valley governing reserve management board.

SB565, s. 8 Section 8. 15.445 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,10,2 15.445 (2) (a) Creation. There is created a Kickapoo valley governing reserve management board which is attached to the department of tourism under s. 15.03.

SB565, s. 9 Section 9. 16.61 (3) (s) of the statutes is amended to read:

SB565,10,12 16.61 (3) (s) Shall recommend to the department procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk format, including procedures to ensure the authenticity, accuracy and reliability of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such public records are protected from unauthorized destruction. The board shall also recommend to the department qualitative standards for optical disks and copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.

SB565, s. 10 Section 10. 16.611 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,10,22 16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk or electronic format and for the maintenance of public such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such public records are protected from unauthorized destruction.

SB565, s. 11 Section 11. 16.611 (2) (c) of the statutes is amended to read:

SB565,11,2 16.611 (2) (c) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.

SB565, s. 12 Section 12. 16.62 (1) (a) of the statutes is amended to read:

SB565,11,7 16.62 (1) (a) To advise and assist state agencies and the University of Wisconsin Hospitals and Clinics Authority in the establishment and operation of records management programs through the issuance of standards and procedures and provision of technical and management consulting services.

SB565, s. 13 Section 13. 16.62 (1) (b) of the statutes is amended to read:

SB565,11,11 16.62 (1) (b) To operate a state records center and a central microfilm facility for state agencies and the University of Wisconsin Hospitals and Clinics Authority and to develop promulgate rules as necessary for efficient operation of the facilities.

SB565, s. 14 Section 14. 16.62 (1) (bm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,11,17 16.62 (1) (bm) To operate a storage facility for storage of public records and records of the University of Wisconsin Hospitals and Clinics Authority in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.

SB565, s. 15 Section 15. 16.62 (1) (c) of the statutes is amended to read:

SB565,11,21 16.62 (1) (c) To periodically audit state agencies' the records management programs of state agencies and the University of Wisconsin Hospitals and Clinics Authority and recommend improvements in records management practices.

SB565, s. 16 Section 16. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB565, s. 17 Section 17. 20.143 (1) (km) of the statutes, as created by 1995 Wisconsin Act 27, section 512mp, is amended to read:

SB565,12,7 20.143 (1) (km) Minority business projects; transfer. Biennially, the amounts in the schedule for grants and loans under ss. 560.82 and 560.83. All moneys transferred from the appropriation account under par. (ie) shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on July 1, 1997, is transferred to the appropriation account under par. (ie).

SB565, s. 18 Section 18. 20.143 (3) (kc) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 20.143 (4) (kd) and amended to read:

SB565,12,15 20.143 (4) (kd) Administrative services. The amounts in the schedule for administrative and support services for programs administered by the department. All moneys received by the department from the department, not except for moneys directed to be deposited under par. (ks) pars. (k), (ka) and (kb) and subs. (1) (k), (ka) and (kb) and (3) (ks), as payment for administrative and support services for programs administered by the department shall be credited to this appropriation.

SB565, s. 19 Section 19. 20.144 (1) (g) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB565,13,8 20.144 (1) (g) General program operations. The amounts in the schedule for the general program operations of the department of financial institutions. Except as provided in pars. (a), (h), (i), (ka) and (u), all moneys received by the department, other than by the office of credit unions, the division of banking and the division of savings and loan, and 88% of all moneys received by the department's division of banking and the department's division of savings and loan shall be credited to this appropriation, but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund. Annually, $200,000 of the amounts received under this appropriation account shall be transferred to the appropriation account under s. 20.575 (1) (g).

SB565, s. 20 Section 20. 20.144 (2) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,13,16 20.144 (2) (g) General program operations. The amounts in the schedule for the general program operations of the office of credit unions and for supervision of credit unions under ch. 186. Except as provided in par. (ka), 88% Eighty-eight percent of all moneys received by the office shall be credited to this appropriation, but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund.

SB565, s. 21 Section 21. 20.320 (1) (t) of the statutes is repealed and recreated to read:

SB565,13,24 20.320 (1) (t) Principal repayment and interest — clean water fund bonds. From the clean water fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in transferring moneys from s. 20.866 (2) (tc) to the clean water fund for the purposes specified in s. 25.43 (3). All moneys received from municipalities as payment of interest on loans or portions of loans under ss. 144.241 and 144.2415 made with the proceeds of general obligation bonds shall be credited to this appropriation account.

SB565, s. 22 Section 22. 20.380 (2) (ip) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,14,7 20.380 (2) (ip) (title) Kickapoo valley governing reserve management board; program services. All moneys received by the Kickapoo valley governing reserve management board from admissions, fees, leases, concessions, memberships, sales and other similar receipts authorized under s. 41.41 to be used for the general program operations of the board under s. 41.41.

SB565, s. 23 Section 23. 20.380 (2) (ms) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: