1995 Wisconsin Act 216

216,37 Section 37 . 23.62 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, the officer may proceed in the following manner:

216,39g Section 39g. 36.25 (13g) of the statutes is created to read:

36.25 (13g) University of Wisconsin Hospitals and Clinics. (a) The board shall establish at the University of Wisconsin-Madison the “University of Wisconsin Hospitals and Clinics".

(b) The board shall maintain, control and supervise the use of the University of Wisconsin Hospitals and Clinics, for the purposes of:

1. Delivering comprehensive, high-quality health care to patients using the hospitals and to those seeking care from its programs, including a commitment to provide such care for the medically indigent.

2. Providing an environment suitable for instructing medical and other health professions students, physicians, nurses and members of other health-related disciplines.

3. Sponsoring and supporting research in the delivery of health care to further the welfare of the patients treated and applying the advances in health knowledge to alleviate human suffering, promote health and prevent disease.

4. Assisting health programs and personnel throughout the state and region in the delivery of health care.

(c) 1. The board may negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Board for the provision of services by employes of the University of Wisconsin Hospitals and Clinics Board. Any agreement under this subdivision shall include a provision that requires the board to make adequate payments to the University of Wisconsin Hospitals and Clinics Board for any services provided under the agreement in advance of their need by the University of Wisconsin Hospitals and Clinics Board to pay its employes for such services.

2. The board may not contract for those services that are provided to the board by the University of Wisconsin Hospitals and Clinics Board by state employes in the collective bargaining units specified in s. 111.825 (1m) with any person other than the University of Wisconsin Hospitals and Clinics Board.

(d) This subsection applies only in the event that the on-campus facilities, as defined in s. 233.01 (7), leased to the University of Wisconsin Hospitals and Clinics Authority under s. 36.11 (28), and any improvements, modifications or other facilities specified in s. 233.04 (7) (c), are transferred to the board under s. 233.04 (3b) (b), (7g) (b) or (7p) (b).

216,39k Section 39k. 40.02 (25) (b) 2g. of the statutes is created to read:

40.02 (25) (b) 2g. Any person employed as a graduate assistant and other employes-in-training as are designated by the board of directors of the University of Wisconsin Hospitals and Clinics Authority, who are employed on at least a one-third full-time basis with an expected duration of employment of at least 6 months.

216,39m Section 39m. 40.22 (2) (g) of the statutes is amended to read:

40.22 (2) (g) The employe is appointed by the university under s. 36.19, or by the University of Wisconsin Hospitals and Clinics Authority, as a student assistant or employe in training or is appointed by a school or other education system in which the person is regularly enrolled as a student and is attending classes to perform services incidental to the person's course of study at that school or education system.

216,39p Section 39p. 40.52 (3m) of the statutes is created to read:

40.52 (3m) The group insurance board, after consulting with the board of directors of the University of Wisconsin Hospitals and Clinics Authority, shall establish the terms of a health insurance plan for graduate assistants, and for employes-in-training designated by the board of directors, who are employed on at least a one-third full-time basis with an expected duration of employment of at least 6 months.

216,39r Section 39r. Subchapter IX of chapter 40 [precedes 40.95] of the statutes, as created by 1995 Wisconsin Acts 88 and 89, is repealed and recreated to read:

Chapter 40

Subchapter IX
health insurance premium
Credits

40.95 Health insurance premium credits. (1) (a) Subject to sub. (2), the department shall administer a program that provides health insurance premium credits for the purchase of health insurance for a retired employe, or the retired employe's surviving insured dependents, for the benefit of an eligible employe whose compensation includes such health insurance premium credits and who satisfies at least one of the following:

1. The employe accrues accumulated unused sick leave under s. 13.121 (4), 36.30, 230.35 (2), 233.10 or 757.02 (5).

2. The employe has his or her compensation established in a collective bargaining agreement under subch. V of ch. 111.

3. The employe has his or her compensation established in a collective bargaining agreement under subch. I of ch. 111 and the employe is employed by the University of Wisconsin Hospitals and Clinics Authority.

(b) The health insurance premium credits shall be based on the employe's years of continuous service, accumulated unused sick leave and any other factor specified as part of the employe's compensation.

(2) The department is not required to administer any program that provides health insurance premium credits for the purchase of health insurance for a retired employe, or the retired employe's surviving insured dependents, if the department determines that the program does not conform to the program approved by the joint committee on employment relations under s. 230.12 (9).

216,40 Section 40 . 41.41 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

41.41 (1) (a) “Board" means the Kickapoo valley governing reserve management board.

216,40g Section 40g. 44.25 (5g) and (5r) of the statutes, as created by 1995 Wisconsin Act 27, are renumbered 14.26 (5g) and (5r).

216,41 Section 41 . 46.043 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

216,42 Section 42 . 46.043 of the statutes, as affected by 1995 Wisconsin Act 77, is repealed.

216,43 Section 43 . 46.057 of the statutes is created to read:

46.057 Mendota juvenile treatment center. (1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. The department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 48.02 (15m). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for children whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. The department may transfer to the center any child who has been placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m) or 48.357 (4) or (5) (e) in the same manner that the department transfers children between other secured correctional facilities.

(2) From the appropriation under s. 20.435 (3) (hm), the department may expend not more than $2,864,200 in fiscal year 1995-96 for services for children placed at the Mendota juvenile treatment center.

216,44 Section 44 . 46.057 (1) and (2) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:

46.057 (1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. The Notwithstanding ss. 301.02, 301.03 and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 48.02 938.02 (15m). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for children juveniles whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. The With the approval of the department of health and family services, the department of corrections may transfer to the center any child juvenile who has been placed in a secured correctional facility under the supervision of the department of corrections under s. 48.34 (4m) or 48.357 (4) or (5) (e) 938.183 (2), 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) in the same manner that the department of corrections transfers children juveniles between other secured correctional facilities.

(2) From the appropriation under s. 20.435 20.410 (3) (hm), the department of corrections may expend not more than $2,864,200 $2,500,000 in fiscal year 1995-96 1996-97 for services for children juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing services for juveniles under the supervision of the department of corrections who are provided services at the center.

216,44L Section 44L. 46.52 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

46.52 (title) Integrated community services Systems change grants. From the appropriation under s. 20.435 (7) (md), the department shall distribute $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services. The department shall distribute funds to each recipient under this section so as to permit initial phasing in of community services for individuals with mental illness who are relocated or diverted from institutional or residential care and shall eliminate the funding at the end of a period of not more than 5 years in order to provide funding to another county. The department shall require that the community services that are developed under this section are continued, following termination of a county's funding under this section, by use of funding made available to the county from reduced institutional and residential care utilization.

216,44n Section 44n. 46.54 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department shall distribute $180,000 in each fiscal year to counties to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects and public mental health information activities.

216,45 Section 45 . 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s. 46.40 (2m) (c) (4m), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3).

216,46 Section 46 . 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (2m) (c) (4m) for at-risk, low-income and respite child care services under subs. (2m) and (4g) to county departments under s. 46.215, 46.22 or 46.23. In addition, the department shall distribute the funds allocated under s. 46.40 (1), (2m) (c) and (4m) for low-income and respite child care services under sub. (3) to private nonprofit child care providers who provide child care for the children of migrant workers.

216,46b Section 46b. 49.029 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.029 (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.

216,46d Section 46d. 49.143 (1) (a) of the statutes, as created by 1995 Wisconsin Act .... (Assembly Bill 591), is amended to read:

49.143 (1) (a) Except as provided in par. (am) pars. (am) and (av), the department may award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under sub. (6). The department shall award contracts under this paragraph at least 6 months before the date that is specified in s. 49.141 (2) (d).

216,46h Section 46h. 49.143 (1) (av) of the statutes is created to read:

49.143 (1) (av) 1. In a county having a population of 500,000 or more the department shall, prior to awarding a contract to administer Wisconsin works in that county, work with the county for a period not to exceed 6 months to establish a plan for the first 2 years of administration of Wisconsin works in that county. The plan shall establish the methodology for conducting a competitive bidding process to award a contract to administer Wisconsin works in that county. The plan shall identify an administrator to oversee the administrative structure of Wisconsin works in that county and to oversee the Wisconsin works agencies in that county. In establishing a selection process for Wisconsin works agencies in the county, if the county has met the aid to families with dependent children caseload performance standards established by the department under par. (am), the plan shall, to the extent practicable, give preference to agencies that administer the job opportunities and basic skills program under s. 49.193 in that county.

2. a. If a plan is approved by the department and the county, the department shall award a contract to administer Wisconsin works in that county in accordance with the plan. The plan shall remain in effect for 2 years.

b. If a plan is not approved by the department or the county, the department shall award a contract to administer Wisconsin works in accordance with par. (a) or (am), whichever is applicable.

216,46hb Section 46hb. 49.143 (1) (ay) of the statutes is created to read:

49.143 (1) (ay) A county or tribal governing body that enters into a contract under par. (a) or (am) 1. but elects not to compete for a subsequent contract under par. (a) shall provide the notice required under this paragraph at least 6 months prior to the expiration of its contract under par. (a) or (am) 1. A county or tribal governing body that elects not to enter into a contract under par. (am) 1. or to compete for a contract under par. (am) 2. shall provide the notice required under this paragraph by the date established by the department, by rule, under par. (am) 1. The notice shall be provided to all employes of the county or tribal governing body who may be laid off as a result of the county's or tribal governing body's election not to enter into or compete for a contract and to the certified or recognized collective bargaining representatives of such employes, if any. The notice shall inform the employes and the representatives that the county or tribal governing body is making the election not to enter into or compete for a contract; that the employes may be laid off as a result of that election; that the employes may wish to consider forming a private agency to bid on the contract under par. (a); that the employes may obtain information from the department on the competitive process under par. (a) and the contract requirements under this section; and that the employes may obtain information from the department on steps that the employes might take to organize themselves to form a private agency for the purposes of competing for a contract under par. (a). The department shall provide the information specified in this paragraph upon the request of any employe or collective bargaining representative described in this paragraph.

216,46k Section 46k. 49.45 (6t) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (title) County department and local health department operating deficit reduction. (intro.) From the appropriation under s. 20.435 (1) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a county department under s. 46.215, 46.22, 46.23 or 51.42 or by a local health department, as defined in s. 250.01 (4), for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., j., k. and L., 9. and 15., for case management services under s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under 42 USC 1396d (r) (5), the department shall allocate up to $4,500,000 in each fiscal year to these county departments, or local health departments as determined by the department, and shall perform all of the following:

216,46L Section 46L. 49.45 (6t) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (a) For the reduction of operating deficits incurred by the county departments or local health departments, estimate the availability of federal medicaid funds that may be matched to county, city, town or village funds that are expended for costs in excess of reimbursement for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., j., k. and L., 9. and 15., for case management services under s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under 42 USC 1396d (r) (5).

216,46m Section 46m. 49.45 (6t) (b) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (b) (intro.) Based on the amount estimated to be available under par. (a), develop a method, which need not be promulgated as rules under ch. 227, to distribute this allocation to the individual county departments under s. 46.215, 46.22, 46.23 or 51.42 or to local health departments that have incurred operating deficits that shall include all of the following

216,46n Section 46n. 49.45 (6t) (b) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (b) (2) Agreement, by the county in which is located a county department that has an operating deficit, or by the county, city, town or village that has established a local health department that has an operating deficit, to provide funds to match federal medicaid funds.

216,46p Section 46p. 49.45 (6t) (b) 3. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

49.45 (6t) (b) 3. Consideration of the size of a county department's or local health department's operating deficit.

216,47 Section 47 . 51.05 (3m) of the statutes is amended to read:

51.05 (3m) Notwithstanding s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that, before July 1, 1997 1999, there are sufficient revenues, as projected by the department of health and social services, to cover anticipated expenditures by that date under the appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota mental health institute or the Winnebago mental health institute. The department of health and social services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, and ending on July 1, 1997 1999, concerning the implementation of this plan.

216,47m Section 47m. 66.019 (5) of the statutes is amended to read:

66.019 (5) Taxes levied before incorporation; how collected and divided. Whenever a village or city is incorporated from territory within any town or towns, after the assessment of taxes in any year and before the collection of such taxes, the tax so assessed shall be collected by the town treasurer of the town or the town treasurers of the different towns of which such village or city formerly constituted a part, and all moneys collected from the tax levied for town purposes shall be divided between the village or city and the town or the towns, as provided by s. 66.03 (13) (a) 1., for the division of property owned jointly by towns and villages.

216,48 Section 48 . 66.023 (1) (a) of the statutes is amended to read:

66.023 (1) (a) “Department" means the department of administration commerce.

216,48g Section 48g. 66.03 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

66.03 (5) Apportionment board. The boards or councils of the municipalities, or committees, thereof selected for that purpose, acting together, shall constitute an apportionment board. When any municipality is dissolved by reason of all of its territory being so transferred the board or council thereof existing at the time of such dissolution shall, for the purpose of this section, continue to exist as the governing body of such municipality until there has been an apportionment of assets by agreement of the interested municipalities or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested municipalities, or an order of the circuit court becomes final, a copy of such apportionment agreement, or of such order, certified to by the clerks of the interested municipalities, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the department of education, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any municipality, or with any other entity from which payment would have become due if such dissolved municipality from which such territory was transferred had continued in existence. Thereafter Subject to ss. 79.006 and 86.303 (4), thereafter payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a municipality, or from any other entity from which payments would have become due if such dissolved municipality from which such territory was transferred had continued in existence, shall be paid to the interested municipality as provided by such agreement for apportionment of assets or by any order of apportionment by the circuit court and such payments shall have the same force and effect as if made to the dissolved municipality from which such territory was transferred.

216,48m Section 48m. 66.03 (13) (a) of the statutes is renumbered 66.03 (13) (a) 1. and amended to read:

66.03 (13) (a) 1. Whenever Subject to subd. 2., if any territory is annexed, detached or incorporated in any year, general property taxes levied against the territory shall be collected by the treasurer of the municipality in which the territory was located on January 1 of such year, and all moneys collected from the tax levied for local municipal purposes shall be allocated to each of the municipalities on the basis of the portion of the calendar year the territory was located in each of the municipalities, and paid accordingly.

216,48r Section 48r. 66.03 (13) (a) 2. of the statutes is created to read:

66.03 (13) (a) 2. If a city or village is incorporated after January 1 and before April 1, the procedures described in subd. 1 shall be applied as if the city or village was incorporated on January 1 of the year in which it was incorporated and the territory shall be treated for purposes of ch. 70 as if the incorporation had occurred on January 1.

216,49 Section 49 . 66.066 (2) (b) (intro.) of the statutes is amended to read:

66.066 (2) (b) (intro.) All moneys received from any bonds issued under this section shall be applied solely for purchasing, acquiring, leasing, constructing, extending, adding to, improving, conducting, controlling, operating or managing a public utility, and in the payment of the cost of any subsequent necessary additions, improvements and extensions. Bonds issued under this section shall be secured by a pledge of the revenues of the public utility to the holders of the bonds and to the holders of any coupons of the bonds and may be additionally secured by a mortgage lien upon the public utility to the holders of the bonds and to the holders of any coupons of the bonds. If a mortgage lien is created by ordinance or resolution, the lien shall be perfected by publication of the ordinance or resolution or by recording of the ordinance or resolution in the records of the municipality. In addition, the municipality may record the lien by notifying the register of deeds of the county in which the public utility is located concerning its issuance of bonds. If the register of deeds receives notice from the municipality, the register of deeds shall record any mortgage lien created. The public utility shall remain subject to the pledge and, if created, the mortgage lien until the payment in full of the principal and interest of the bonds. Upon repayment of bonds for which a mortgage lien has been created, the register of deeds shall, upon notice from the municipality, record a satisfaction of the mortgage lien. Any holder of a bond or of any coupons attached to a bond may either at law or in equity protect and enforce this pledge and, if created, the mortgage lien and compel performance of all duties required of the municipality by this section. Any municipality may provide for additions, extensions and improvements to a public utility that it owns by additional issues of bonds under this section. Such additional issues of bonds shall be subordinate to all prior issues of bonds under this section, but a municipality may in the ordinance or resolution authorizing bonds permit the issue of additional bonds on a parity therewith. Any municipality may issue new bonds under this section to provide funds for refunding any outstanding bonds, bond anticipation notes or promissory notes municipal obligations, including interest, issued under this section or under ch. 67 for any of the purposes stated in sub. (1m). Refunding bonds issued under this section are subject to the following provisions:

216,50 Section 50 . 66.066 (2) (b) 1. of the statutes is amended to read:

66.066 (2) (b) 1. Refunding bonds may be issued to refinance more than one issue of outstanding bonds or promissory notes municipal obligations notwithstanding that such outstanding bonds or promissory notes municipal obligations may have been issued at different times and may be secured by the revenues of more than one public utility. Any such public utilities may be operated as a single public utility, subject however to contract rights vested in holders of bonds or promissory notes being refinanced. A determination by the governing body that any refinancing is advantageous or necessary to the municipality shall be conclusive.

216,51 Section 51 . 66.066 (2) (b) 5. of the statutes is amended to read:

66.066 (2) (b) 5. The governing body may, in addition to other powers conferred by this section, include a provision in any ordinance or resolution authorizing the issuance of refunding bonds pledging all or any part of the revenues of any public utility or utilities or combination thereof originally financed or extended or improved from the proceeds of any of the bonds, bond anticipation notes or promissory notes municipal obligations being refunded, and pledging all or any part of the surplus income derived from the investment of any trust created in relation to the refunding.

216,51d Section 51d. 79.006 of the statutes is amended to read:

79.006 New incorporations. In the case of municipalities formed after 1976, the The information needed for the determinations under this chapter shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to its respective full value in the first year of assessment of the new municipality; if the municipality is formed before April 1, the department of administration shall certify the population of the newly created municipality, and the corrected population of the municipality from which it was formed, and those figures shall be used for distributions under this chapter in the year after the incorporation.

216,51g Section 51g. 86.302 (1m) of the statutes is renumbered 86.302 (1m) (a).

216,51m Section 51m. 86.302 (1m) (b) of the statutes is created to read:

86.302 (1m) (b) Upon incorporation of a village or city, the board of the village and the governing body of the city shall file with the department and with the county clerk a certified plat of the village or city showing the roads and streets under its jurisdiction and the mileage thereof to be open and used for travel as of the date of incorporation, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets on boundary lines shall be considered as lying in the village or city.