TCS Technical College System
UW University of Wisconsin
WEDC Wisconsin Economic Development Corporation
WHEDA Wisconsin Housing and Economic Development Authority
WHEFA Wisconsin Health and Educational Facilities Authority
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agriculture
Under current law, the Board of Agriculture, Trade and Consumer Protection
(board) is the policy-making entity for DATCP. The board approves DATCP's rules
and appoints high-level staff. This bill transfers this authority from the board to the
secretary of agriculture, trade and consumer protection and changes the board to a
council, which is an advisory body.
Under current law, DATCP administers the Soil and Water Resource
Management Program, which awards grants to counties to help fund their land and
water conservation activities. This bill increases the general obligation bonding
authority for this program by $7,000,000.
This bill creates a program under which DATCP provides grants to groups of
farmers who assist other farmers within a watershed to conduct activities to reduce
nonpoint source pollution. Nonpoint source pollution is water pollution from a
diffuse source, such as runoff from fields.
This bill transfers $1,000,000 from the agricultural chemical cleanup fund to
the environmental fund each fiscal year of the 2015-17 biennium.
commerce and economic development
Housing and economic development
Under current law, WEDC is an authority, which is a public body corporate and
politic, that has as its primary function the development, implementation, and
administration of economic development programs in Wisconsin. Also under current
law, WHEDA is an authority whose primary function is to establish and administer
housing programs in Wisconsin, especially housing programs for persons and
families of low and moderate income. Like WEDC, WHEDA is also tasked with
developing, implementing, and administering economic development programs in
the state.
Effective January 1, 2016, this bill eliminates WEDC and WHEDA and merges
their functions into a new authority, created in the bill to be known as the Forward
Wisconsin Development Authority (FWDA). FWDA is governed by a board
consisting of 12 members employed in the private sector. All members are nominated
by the governor, and with the advice and consent of the senate appointed, to serve
staggered four-year terms. Under the bill, the governor nominates FWDA's chief
executive officer, subject to board approval and the advice and consent of the senate.
The chief executive officer serves at the governor's pleasure. The governor is also
required to nominate a chief operating officer, whose appointment is also subject to
board approval, but not senate advice and consent. The chief operating officer
likewise serves at the governor's pleasure. The bill requires the governor to
coordinate with the chief executive officer as if the chief executive officer were the
secretary of a department in the executive branch of state government. The board
may delegate to the chief executive officer and chief operating officer any powers and
duties the board considers proper. Under the bill, FWDA is given all the powers
necessary or convenient to carry out its duties, as well as specific powers to conduct
its corporate business. FWDA's primary duties are to develop and implement
economic development programs and housing programs and projects in Wisconsin.
Economic development
This bill requires FWDA to establish a regional revolving loan fund grant
program, under which FWDA may make grants to organizations within multicounty
regions for the purpose of creating regional loan funds.
This bill authorizes DOA to award up to a total of $15,000,000 in grants to a city
in Wisconsin for an economic development district that includes a community arts
center and a mixed-use development. Before DOA awards any grant under the bill,
the city must submit to DOA a financial plan for the economic development district
that includes matching funds that equal all grant moneys requested and proof of
other financing.
Under current law, angel investors may receive tax credits for certain
investments in businesses certified by WEDC. WEDC may certify a business for
purposes of the angel investment tax credit only if the business satisfies specific
statutory requirements. This bill permits WEDC to waive one or more of those
requirements based on standards approved by WEDC's board.
Under current law, WEDC administers an economic development program
under which WEDC may designate areas within the state as "enterprise zones."
WEDC may certify a business in an enterprise zone to receive certain tax benefits
under certain circumstances. Under current law, WEDC may designate up to a total
of 20 enterprise zones. This bill raises that cap to 30.
Tourism
Under current law, the Kickapoo Reserve Management Board (KRMB)
manages the Kickapoo Valley reserve on behalf of the Ho-Chunk Nation and the
State of Wisconsin. Also under current law, the Lower Wisconsin State Riverway
Board (LWSRB) administers a program to control land use and development along
the riverway. Currently, the KRMB and the LWSRB are attached to the Department
of Tourism for administrative purposes. This bill attaches the KRMB and the
LWSRB to DNR.
Business organizations and financial institutions
This bill eliminates DFI, including its Division of Banking and Division of
Securities, and transfers all of its functions to the Department of Financial
Institutions and Professional Standards (DFIPS). The bill also transfers the Office
of Credit Unions to DFIPS.
This bill allows DFIPS to require that any filing, including such filings as
license applications, articles of incorporation, financing statements, trademark
registrations, reports, and notices, be made electronically. However, a hardship
exception allows DFIPS to waive an electronic filing requirement.
The bill also reduces an annual transfer of funds from DFIPS to the Office of
the Secretary of State.
correctional system
Adult correctional system
Current law requires a person to complete a preservice training program
approved by DOC before being permanently appointed as a correctional officer. This
bill creates a Preservice Training Standards Board to certify persons as having met
the standards that qualify them to be correctional officers.
Current law requires DOC to contract with two vendors, the Madison-area
Urban Ministry, Inc., and Project Return to provide community reintegration
services to former prisoners. The bill eliminates the requirement that DOC enter
into a contract with those vendors.
Juvenile correctional system
Current law requires DOC to supervise the administration of juvenile
delinquency-related services and to allocate to counties various state and federal
moneys to pay for those services (commonly referred to as "youth aids"). In addition,
current law defines "department," for purposes of administration of the Juvenile
Justice Code, to mean DOC.
This bill, effective on January 1, 2016, transfers from DOC to DCF the
responsibility for allocating youth aids to counties and for supervising the
administration of community-based juvenile delinquency-related services, which
the bill defines as juvenile delinquency-related services other than juvenile
correctional services provided for juveniles who are being held in a juvenile detention
facility or who have been adjudged delinquent and placed in a juvenile correctional
facility (JCF), the Serious Juvenile Offender Program, or on aftercare supervision
under the supervision of DOC. In addition, the bill redefines "department," for
purposes of administration of the Juvenile Justice Code, to mean DCF, except with
respect to juvenile correctional services provided by DOC.
Under current law, when a juvenile who has been adjudicated delinquent is
placed under the supervision of DOC, DOC may place the juvenile on aftercare
supervision, either immediately or following a period of placement in a JCF.
Currently, aftercare supervision is provided either by DOC or by the county in which
the juvenile was adjudicated delinquent or the county of the juvenile's legal
residence.
Under current law, DOC also provides a corrective sanctions program,
consisting of intensive surveillance and community-based treatment services, for
juveniles who have been adjudicated delinquent, placed under the supervision of
DOC, and selected by the Office of Juvenile Offender Review in DOC to participate
in the program.
This bill, effective on July 1, 2017, or on the second day after publication of the
2017-19 biennial budget act, whichever is later, eliminates aftercare supervision
provided by DOC and the corrective sanctions program. Instead, the bill requires
DOC to purchase or provide community supervision services for juveniles who have
been placed under the supervision of DOC. The bill permits DOC to purchase or
provide for a juvenile who has been placed under community supervision: 1)
surveillance based on the juvenile's level of risk and community safety
considerations; 2) youth report center programming for times when the juvenile is
not under immediate adult supervision; 3) contacts with the juvenile and the
juvenile's family of a type, frequency, and duration that are commensurate with the
juvenile's level of risk and treatment needs; 4) case management services; and 5) any
other treatment or services that are needed to meet the needs of the juvenile.
Under current law relating to youth aids, DOC charges counties for the costs
of services provided by DOC according to per person daily cost assessments specified
in the statutes (daily rates). Under this bill, the daily rates are as follows:
1. For fiscal year 2015-16, the daily rate is $279 for care in a Type 1 JCF, $279
for care for juveniles transferred from a JCF, $132 for corrective sanctions services,
and $48 for DOC aftercare services.
2. For fiscal year 2016-17, the daily rate is $287 for care in a Type 1 JCF, $287
for care for juveniles transferred from a JCF, $127 for corrective sanctions services,
and $49 for DOC aftercare services.
courts and procedure
Domestic relations
Under current law, if a person has been ordered to pay child or family support
or maintenance, a portion of the person's income may be assigned, or set aside by the
person's employer, to satisfy his or her support obligations. Under this bill, state
income continuation insurance benefits and, if the person's occupation is law
enforcement or fire fighting, duty disability benefits may be assigned.
This bill eliminates the usual filing fee for an action brought by the state or its
delegate or commenced on behalf of the child by a guardian ad litem to determine
child support and legal custody and physical placement of a child for whom paternity
has been established by his or her parents' voluntary acknowledgement of paternity.
Public defender
Under current law, if a person qualifies for legal representation by the Office
of the State Public Defender (SPD), the SPD either assigns an attorney employed by
the office to represent the person or contracts with a private attorney to represent
the person. If two potential SPD clients have conflicting interests, the SPD must
contract with private attorneys to represent at least one of the potential clients.
The bill creates, within the SPD, a two-year pilot program to administer a
conflicts office in Milwaukee County that will represent clients in Milwaukee,
Waukesha, and Racine counties who would otherwise be represented by private
attorneys due to a conflicting interest with the SPD.
Current law requires the SPD to enter into as many annual contracts as
possible with private attorneys or firms to provide legal representation. This bill
provides that late payments under such contracts do not accrue the 12 percent
interest that certain other late payments do.
District attorneys
Under current law, a judge may appoint a special prosecutor, or a district
attorney may request a judge to appoint a special prosecutor, to perform the duties
of the district attorney if certain circumstances exist such as: there is no district
attorney, the district attorney is absent, or the district attorney is serving in the
armed forces; the district attorney is related to the party to be tried or has determined
that a conflict of interest exists; or the district attorney is physically unable to attend
to his or her duties. This bill specifies that inability to attend to duties must be due
to a health issue, and this bill requires the judge, or the requesting district attorney,
to submit to DOJ an affidavit attesting to the existence of the circumstance that
qualifies for the appointment of a special prosecutor. Under current law, the court
fixes the amount of compensation for a special prosecutor based on the rates provided
to private attorneys providing legal representation through a contract with the state
public defender and DOA must pay that compensation. Under this bill, DOJ must
approve the appointment of a special prosecutor before the court may fix the amount
of compensation. In addition, this bill provides that late payment of compensation
does not accrue the 12 percent interest that certain other late payments do.
This bill increases, from five to seven, the number of deputy district attorneys
that the district attorney for a county that has a population of 500,000 or more may
appoint.
Other courts and procedure
This bill eliminates exceptions to the payment of a justice information system
surcharge by persons paying certain court fees, and eliminates exceptions to the
payment of fees by a defendant in a forfeiture action.
Under the bill, a circuit court must impose on and collect from a person who
operates an aircraft under the influence of an intoxicant, the costs charged to, paid
by, or expected to be charged to, a law enforcement agency to collect the person's
blood.
Under current law, the Judicial Commission, composed of five nonlawyers
appointed by the governor with the consent of the senate and two judges and two
state bar members appointed by the supreme court, investigates any misconduct or
permanent disability of a judge or court commissioner. The supreme court reviews
the actions of the Judicial Commission and determines the appropriate discipline or
action to take in response to the judicial commission's investigation. The bill moves
the appropriations for administering the Judicial Commission to the supreme court.
Under current law, the Judicial Council consists of 21 designated or appointed
members, including a supreme court justice, one court of appeals judge, four circuit
court judges, the chairpersons of the senate and assembly committees dealing with
judicial affairs or their designees, and the attorney general or his or her designee.
Current law empowers the council to advise the supreme court of changes to the rules
of pleading, practice, and procedure that would simplify procedure and promote a
speedy determination of litigation on its merits and to recommend to the legislature
changes to the business of the courts that can be accomplished only through
legislation. This bill eliminates the Judicial Council and its appropriations.
Currently, the salaries of justices of the supreme court, court of appeals judges,
and circuit court judges are based on recommendations of the director of the Office
of State Employment Relations and submitted for approval to the Joint Committee
on Employment Relations (JCOER).
This bill creates a Judicial Compensation Commission (commission), consisting
of members appointed by the supreme court, to review judicial salaries and submit
a written report and make recommendations on the judicial salaries.
Current law requires the Division of Hearings and Appeals (DHA) to appoint
hearing examiners to make findings and orders in crime victim compensation
contested cases and in certain contested cases involving health care providers. For
both of these types of contested cases, initial decisions are issued by DOJ.
This bill repeals the requirement that DHA conduct these hearings, but DOJ
allows the option to contract with DHA to provide hearing services.
This bill consolidates several general purpose revenue appropriations, related
to circuit court costs, to the director of state courts into one biennial appropriation
and requires the director to define circuit court costs. This bill also consolidates
general purpose revenue appropriations for the director of state courts and the state
law library.
Education
Primary and secondary education
This bill makes a number of changes to the Racine Parental Choice Program
(RPCP), the Milwaukee Parental Choice Program (MPCP), and the statewide
parental choice program (statewide choice program) (together, PCPs).
Current law limits the number of pupils who may participate in the statewide
choice program to 1,000 pupils and specifies that no more than one percent of any
school district's total enrollment may attend private schools under the statewide
choice program. Current law also limits the number of private schools that may
participate in the statewide choice program. This bill eliminates these limitations
on the statewide choice program.
Under current law, for each pupil attending a private school under the RPCP
or the statewide choice program, DPI pays the private school an amount equal to the
lesser of (a) the participating private school's operating and debt service cost per
pupil and (b) a maximum amount provided by law. For the 2014-15 school year, the
maximum per pupil amount provided by law is $7,210 or $7,856, depending on the
pupil's grade. For each school year after the 2014-15 school year, the maximum per
pupil payment is adjusted based on any increase in the per pupil revenue limit and
any increase in the total categorical aid funding per pupil (per pupil payment
adjustment). Currently, DPI makes payments to private schools participating in the
RPCP or the statewide choice program from a sum sufficient appropriation.
This bill changes the payments DPI makes to participating private schools for
pupils who begin attending a private school under the RPCP or the statewide choice
program in the 2015-16 school year or in any school year thereafter (new choice
pupils). Under the bill, for a new choice pupil, each participating private school
receives the same per pupil amount. The amount is based on the following factors:
1. The school districts in which new choice pupils reside.
2. The per pupil equalization aid for each of those school districts.
3. The number of new choice pupils residing in each school district.
The per pupil amount is calculated annually by DPI. Under the bill, payments
to participating private schools for new choice pupils are paid from the general
equalization aid sum certain appropriation.
Under current law, pupils attending a private school under the RPCP or the
statewide choice program are not included in a school district's membership for
purposes of calculating the school district's equalization aid. Under the bill,
beginning with the aid calculation for the 2016-17 school year, solely for purposes
of calculating a school district's equalization aid, a school district's membership
includes new choice pupils residing in the school district that are attending a private
school under the RPCP or the statewide choice program. The bill also requires that
the amount of each school district's equalization aid be reduced by an amount
determined by multiplying the school district's per pupil equalization aid by the
number of new choice pupils who reside in that school district. This reduction is not
considered for purposes of calculating a school district's revenue limit.
Under current law, a pupil must satisfy one of the following to attend a private
school under the RPCP:
1. He or she was enrolled in a public school in the school district in the previous
school year.
2. He or she was not enrolled in school in the previous school year.
3. He or she attended a private school under the RPCP in the previous school
year.
4. He or she is applying to kindergarten, 1st grade, or 9th grade.
This bill creates the same requirement for new choice pupils in the statewide
choice program.
This bill changes payments made to private schools participating in the RPCP
or the statewide choice program for pupils who began attending a participating
private school before the 2015-16 school year only to the extent the bill 1) eliminates
the option of a per pupil payment amount based on a private school's operating and
debt service costs and 2) delays applying the per pupil payment adjustment until the
2017-18 school year. The bill makes these same changes to payments made for
pupils participating in the MPCP.
Current law requires a participating private school to submit an annual
financial audit prepared by an independent certified public accountant to DPI that
includes the private schools' educational costs. Under the bill, the annual financial
audit must comply with generally accepted accounting principles, as modified by
DPI, and include a calculation of the private school's net eligible educational
programming costs and the balance of the private school's fund for future educational
programming costs.
Under current law, a private school participating in the MPCP or the RPCP
must accept pupil applications on a random basis except that the private school may
give a preference to pupils who attended the private school, to siblings of pupils who
attended the private school, and to pupils who attended a different private school
under a PCP. For the statewide choice program, DPI determines the pupils who may
attend each participating private school by a random drawing, except that DPI must
give preference to a sibling of a pupil chosen by random drawing. This bill creates
the following list of preferences which participating private schools may use to accept
pupils under any PCP:
1. Pupils continuing at the participating private school.
2. Siblings of pupils continuing at the participating private school.
3. Pupils who previously attended a different participating private school.
4. Siblings of pupils who previously attended a different participating private
school.
5. Siblings of pupils who were randomly accepted to attend the participating
private school for the current school year.
Under current law, a school board may enter into a contract with a person to
establish a charter school, which operates with fewer constraints than traditional
public schools. Current law also permits UW-Milwaukee, UW-Parkside, the
Milwaukee Area Technical College, and the city of Milwaukee to operate charter
schools (independent charter schools) directly or to contract for the operation of such
charter schools. In general, only pupils who reside in the school district in which an
independent charter school is located may attend the charter school.
This bill creates the Charter School Oversight Board (CSOB), attached to DPI,
and authorizes it to approve nonprofit, nonsectarian organizations, or consortia of
such organizations, to contract with persons to operate independent charter schools.
The CSOB consists of the state superintendent of public instruction and ten other
members. The bill prohibits the CSOB from promulgating administrative rules and
provides that any policy or standard adopted by the CSOB is exempt from the
rule-making process.
For any charter school established on or after the bill's effective date, the bill
eliminates the authority of the entities specified above, and of any approved
nonprofit organization, to establish an independent charter school directly. Under
the bill, a charter school may be established only by contract and must be operated
by a charter school governing board, although an existing independent charter
school authorizer may continue to operate a charter school established before the
effective date of this bill. The bill removes the restrictions that limit who may attend
an independent charter school.
A nonprofit, nonsectarian organization or consortium of such organizations
that wishes to contract with a charter school governing board to operate a charter
school must submit an application to the CSOB in accordance with certain specified
requirements. The CSOB must approve or deny an application within 90 days.