AB150: Bill Text

AB150, s. 7292 Section 7292. 978.05 (6) (b) of the statutes is amended to read:

AB150,2343,16 978.05 (6) (b) Enforce the provisions of all general orders of the department of industry, labor and human relations development relating to the sale, transportation and storage of explosives.

AB150, s. 7293 Section 7293. 978.07 (1) (a) of the statutes is amended to read:

AB150,2343,20 978.07 (1) (a) Any district attorney record, after it has first been microfilmed or transferred to optical disk or electronic storage and preserved in accordance with s. 16.61.

AB150, s. 7294 Section 7294. 990.01 (3) of the statutes is amended to read:

AB150,2343,25 990.01 (3) Adult. An adult is "Adult" means a person who has attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law, "adult" means a person who has attained the age of 17 years.

AB150, s. 7295 Section 7295. 990.01 (20) of the statutes is amended to read:

AB150,2344,5 990.01 (20) Minor. A minor is "Minor" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "minor" does not include a person who has attained the age of 17 years.

AB150, s. 7296 Section 7296. 992.06 (2) of the statutes is amended to read:

AB150,2345,3 992.06 (2) Whenever in the organization of corporations under chapter 146, laws of 1872, articles of association were made and adopted and signed by the persons forming such corporation, and there may have been a failure to make and record a verified copy thereof in the office of the register of deeds of the county in which such corporation is located, and such association, organization or corporation has in good faith carried on business and acted as a corporation for 25 years or more, such failure to make and record a verified copy of the articles of association shall not affect the validity of the corporation, but the same shall be a body corporate from and after the date of the making, adopting and signing of the articles of association, the same as though a verified copy had been duly made and recorded in the office of the register of deeds. Whenever any such corporation shall in good faith have attempted to change its corporate name, and shall in good faith have carried on and conducted its business under such changed name for a period of 25 years or more, and shall record its original articles of incorporation, or the copy thereof, with the register of deeds, of the county in which such corporation has its principal office, and in case the said original articles of incorporation, or a copy thereof, cannot be obtained, a certificate from the secretary of state department of revenue showing that no such articles nor a copy thereof can be found in the office of the secretary of state records of the department of revenue, its acts, doings and proceedings heretofore done or which shall hereafter be done in or under such changed name shall be as valid and binding and as good in law as though done in or under the name contained in its original articles of association.

AB150, s. 7297 Section 7297. 992.06 (3) of the statutes is amended to read:

AB150,2345,11 992.06 (3) All transfers of real estate heretofore made to corporations, organized under the laws of this state, executed, delivered, filed and recorded between the date of the filing of the articles of organization in the office of the secretary of state with the department of revenue and the date of the filing of a certified copy of said articles in the office of the register of deeds in the county wherein said corporation has its principal place of business, are hereby legalized, ratified, confirmed and validated.

AB150, s. 7298 Section 7298. Laws of 1981, chapter 45, section 50 is repealed.

AB150, s. 7299 Section 7299. 1993 Wisconsin Act 16, section 9126 (15v) is renumbered 49.45 (6n) of the statutes and amended to read:

AB150,2345,21 49.45 (6n) Supplemental payments to county homes. Notwithstanding section 49.45 sub. (6m) of the statutes, as affected by this act, the department of health and social services shall, from the appropriation under section s. 20.435 (1) (o) of the statutes, distribute not more than $20,000,000 in fiscal year 1993-94 1995-96 and not more than $20,000,000 in fiscal year 1994-95 1996-97, to provide supplemental payments for care to recipients of medical assistance provided in county homes established under section s. 49.14 (1) of the statutes.

AB150, s. 7300 Section 7300. 1993 Wisconsin Act 16, section 9145 (1t) (b) 2. (intro.) and (c) are amended to read:

AB150,2346,4 [1993 Wisconsin Act 16] Section 9145 (1t) (b) 2. (intro.) From the appropriation under section 20.255 (2) (ed) of the statutes, as created by this act, the state superintendent of public instruction shall provide to the city of Milwaukee $193,000 in the 1993-94 fiscal year and $193,000 in the 1994-95 1995-96 fiscal year to pay the costs of salaries and fringe benefits for not more than 4 law enforcement officers, subject to the following restrictions:

AB150,2346,5 (c) This subsection does not apply after June 30, 1995 1996.

AB150, s. 7301 Section 7301. 1993 Wisconsin Act 377, section 9312 (1) is amended to read:

AB150,2346,10 [1993 Wisconsin Act 377] Section 9312 (1) (title) Youthful Serious juvenile offender program. The treatment of sections 48.34 (4g) and 48.537 of the statutes first applies to delinquent acts committed on the effective date of this subsection January 1, 1996.

AB150, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB150,2346,12 (1)   Transfer of national and community service board.

AB150,2346,17 (a)  Assets and liabilities. On the effective date of this subdivision, the assets and liabilities of the department of administration primarily related to the functions of the national and community service board, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.

AB150,2346,18 (b)  Positions and employes.

AB150,2346,23 1.  On the effective date of this subdivision, all full-time equivalent positions in the department of administration having duties primarily related to the functions of the national and community service board, as determined by the secretary of administration, are transferred to the department of industry, labor and human relations. 

AB150,2347,3 2.   All incumbent employes holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of industry, labor and human relations.

AB150,2347,9 3.  Employes transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and human relations that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statues, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150,2347,14 (c)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the national and community service board, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.

AB150,2347,22 (d)  Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the national and community service board, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human relations. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contracts.

AB150,2347,23 (2)  Initial state vendor charges and fees.

AB150,2348,4 (a)  Using the procedure under section 227.24 of the statutes, the department of administration shall promulgate rules required under sections 16.701 and 16.702 (1) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) of the statutes, an emergency rule promulgated under this paragraph is effective until June 30, 1997, or until the conditions specified in section 227.24 (1) (d) of the statutes occur, whichever is sooner.

AB150,2348,6 (b)  The department of administration shall promulgate the rules required under paragraph (a) to become effective no later than February 1, 1996.

AB150,2348,9 (c)  In prescribing initial charges and fees under sections 16.701 and 16.702 (1) of the statutes, as created by this act, the department of administration shall attempt to ensure gross revenue to the state of $7,000,000 per fiscal year.

AB150,2348,15 (3)  Document sales and mail distribution. On the effective date of this subsection, all assets acquired and liabilities incurred under the appropriation under section 20.505 (1) (ka), 1993 stats., that are attributable to state document sales or mail distribution, as determined by the secretary of administration, are transferred to the appropriation account under section 20.505 (1) (kd) of the statutes, as affected by this act.

AB150,2348,19 (4)  Public records and forms. On the effective date of this subsection, all assets acquired and liabilities incurred under the appropriation under section 20.505 (1) (kg), 1993 stats., are transferred to the appropriation account under section 20.505 (1) (kd) of the statutes, as affected by this act.

AB150,2349,2 (5)  Prosecution of drug crimes, Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) and (pb) of the statutes, the department shall expend $204,300 in fiscal year 1995-96 and $220,600 in fiscal year 1996-97 to provide the multi-jurisdictional enforcement group serving Milwaukee County with funding for 3 assistant district attorneys to prosecute criminal violations of chapter 161 of the statutes. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.

AB150,2349,10 (6)  Prosecution of drug crimes, Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) and (pb) of the statutes, the department shall expend $70,900 in fiscal year 1995-96 and $77,100 in fiscal year 1996-97 to provide the multi-jurisdictional enforcement group serving Dane County with funding for one assistant district attorney to prosecute criminal violations of chapter 161 of the statutes. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.

AB150,2349,12 (7)  Study of management and maintenance of state-owned heating and cooling plants.

AB150,2349,13 (a)  In this subsection:

AB150,2349,14 1.  "Agency" has the meaning given in section 16.52 (7) of the statutes.

AB150,2349,15 2.  "Department" means the department of administration.

AB150,2349,21 (b)  There is created a special committee on the management and maintenance of state-owned heating and cooling plants. The committee shall consist of the administrator of the division of the department responsible for architectural, engineering and construction work, the head of the engineering function of the department, the citizen member of the building commission and the following members appointed by the secretary of administration:

AB150,2349,23 1.  One representative of the agencies which operate heating and cooling plants.

AB150,2350,3 2.  One represented employe who is assigned to a heating and cooling plant operated by an agency or the representative of employes at heating and cooling plants operated by agencies.

AB150,2350,6 3.  Any other individual whom the secretary determines to be appropriate, including any individual in the private sector who is knowledgeable in energy production and management.

AB150,2350,8 (c)  The secretary of administration shall designate a committee member to serve as chairperson.

AB150,2350,13 (d)  The committee shall study the management and maintenance of each state-owned heating and cooling plant, including an examination of the organizational responsibility and reporting of plant management, the sources of funds used to support operations and maintenance work, the capital investment needs of the plant and the sources of funds available to meet those needs.

AB150,2350,17 (e)  The committee shall report its findings and recommendations to the secretary of administration no later than August 1, 1996. The secretary shall forward the report, together with his or her recommendations, to the cochairpersons of the joint committee on finance.

AB150,2350,25 (8) Public records and forms board. Notwithstanding section 15.105 (4) of the statutes, as affected by this act, the member serving on the public records and forms board as a representative of a newspaper published in this state and the member serving on the public records and forms board as a representative of the permit information center may continue to serve as members of the public records board, as affected by this act, until a representative of a local unit of government, as defined in section 16.20 (1) (e) of the statutes, as affected by this act, and another member are appointed and qualify. 

****Note: This Section has been reconciled with LRB-2602. Both LRB-2104 and LRB-2602 should continue to appear in the bill.

AB150,2351,1 (9)   Kickapoo valley reserve administration transfer.

AB150,2351,6 (a)  Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of administration primarily related to administration of the Kickapoo valley reserve, as determined by the department of administration, shall become the assets and liabilities of the department of tourism and parks, as created by this act.

AB150,2351,7 (b)  Positions and employes.

AB150,2351,13 1.  On the effective date of this subdivision, the authorized FTE positions for the department of administration are decreased by 2.0 GPR positions having responsibility for administration of the Kickapoo valley reserve. On the effective date of this subdivision, any incumbent in a position identified in this subdivision shall, upon his or her request, be transferred to the department of tourism and parks, as created by this act.

AB150,2351,19 2.  On the effective date of this subdivision, the authorized FTE positions for the department of tourism and parks, as created by this act, are increased by 2.0 SEG positions. The secretary of tourism and parks shall initially appoint any incumbents who request to be transferred under subdivision 1. to the positions authorized in this subdivision which correspond to the positions held by the incumbents on the day prior to the effective date of this subdivision.

AB150,2352,2 (c)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to administration of the Kickapoo valley reserve, as determined by the secretary of administration, is transferred to the department of tourism and parks, as created by this act.

AB150,2352,9 (d)  Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the administration of the Kickapoo valley reserve, as determined by the secretary of administration, remain in effect and are transferred to the department of tourism and parks, as created by this act. The department of tourism and parks shall carry out any such contractual obligations unless modified or rescinded by the department of tourism and parks to the extent allowed under the contracts.

AB150,2352,16 (10)  Initial terms of members of environmental science council. Notwithstanding the length of terms of the members of the environmental science council specified under section 15.107 (16) of the statutes, as created by this act, 3 members initially appointed to the council shall be appointed for a term expiring on July 1, 1996, 3 members initially appointed to the council shall be appointed for a term expiring on July 1, 1997, and 3 members initially appointed to the council shall be appointed for a term expiring on July 1, 1998.

AB150,2352,20 (11)  Consumer protection function transfer legislation. The department of administration shall submit legislation to the joint committee on finance by April 1, 1995, to transfer consumer protection functions from the department of justice to the department of agriculture, trade and consumer protection.

AB150,2352,24 (12)  Initial appointments of members of the state laboratories coordination board. Notwithstanding the length of terms specified in section 15.105 (25) of the statutes, as created by this act, the initial members of the state laboratories coordination board shall be appointed for the following terms:

AB150,2353,2 (a)  Three members, one of whom represents state-administered laboratories other than the state crime laboratories, for terms expiring on May 1, 1997.

AB150,2353,4 (b)  Two members, one of whom represents state-administered laboratories other than the state crime laboratories, for terms expiring on May 1, 1999.

AB150,2353,6 (c)  Two members, one of whom represents state-administered laboratories other than the state crime laboratories, for terms expiring on May 1, 2001.

AB150,2353,13 (13) Repayment of loan from local government property insurance fund. Notwithstanding sections 604.03 (2) and 604.05 of the statutes, on the effective date of this subsection, the secretary of administration shall repay to the local government property insurance fund, from the general fund, the outstanding principal balance of the loan to the general fund under section 605.35, 1993 stats., without interest. The repayment under this subsection shall fully discharge the obligation to repay the loan under section 605.35, 1993 stats.

AB150,2353,14 (14)  Sentencing commission.

AB150,2353,16 (a)  Rules and guidelines. On the effective date of this paragraph, all rules and guidelines promulgated by the sentencing commission are void.

AB150,2353,21 (b)  Contracts. All contracts entered into by the sentencing commission in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.

AB150,2353,22 (15)  Privacy council and privacy advocate.

AB150,2354,2 (a)  Contracts. All contracts entered into by the privacy council or the privacy advocate in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.

AB150,2354,8 (b)  Pending matters. Any matter pending with either the privacy council or the privacy advocate on the effective date of this paragraph is transferred to the department of administration and all materials submitted to or actions taken by the privacy council or the privacy advocate with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB150,2354,9 (16)  Recycling market development board.

AB150,2354,13 (a)  On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the recycling market development board, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.

AB150,2354,17 (b)  On the effective date of this paragraph, the tangible personal property, including records, of the department of administration primarily used by the recycling market development board, as determined by the secretary of administration, is transferred to the department of development.

AB150,2354,24 (c)  All contracts entered into by the department of administration in effect on the effective date of this paragraph that are related primarily to the functions of the recycling market development board, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts unless modified or rescinded by the department of development to the extent allowed under the contract.

AB150,2355,4 (d)  All persons appointed to the recycling market development board under section 15.105 (20) (c) 3. and 4., 1993 stats., and serving immediately before the effective date of this paragraph shall cease to be members of the board on the effective date of this paragraph.

AB150,2355,9 (e)  Notwithstanding the length of the terms specified in section 15.155 (2) (f) of the statutes, as affected by this act, the first members of the recycling market development board appointed under section 15.155 (2) (c) 3. and 4. of the statutes, as affected by this act, after the effective date of this act shall be appointed for the following terms:

AB150,2355,12 1.  One member appointed under section 15.155 (2) (c) 3. of the statutes and one member appointed under section 15.155 (2) (c) 4. of the statutes for terms expiring on May 1, 1998.

AB150,2355,15 2.  One member appointed under section 15.155 (2) (c) 3. of the statutes and one member appointed under section 15.155 (2) (c) 4. of the statutes for terms expiring on May 1, 1997.

AB150,2355,17 3.  One member appointed under section 15.155 (2) (c) 3. of the statutes, for a term expiring on May 1, 1996.

AB150,2355,25 (17)  Clean water fund administration emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate rules for the clean water fund program under sections 144.241 and 144.2415 of the statutes, as affected by this act, for the period before permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB150,2356,4 (18)  Stray voltage study. The department of administration shall evaluate the benefits of consolidating administrative responsibility over the stray voltage program in a single agency. The department shall report its findings and recommendations to the governor before January 1, 1996.

AB150,2356,10 (19)  Payment to the director of state courts. From the appropriations under section 20.505 (6) (g) and (pb) of the statutes, the department of administration shall pay $154,600 in fiscal year 1995-96 and $160,000 in fiscal year 1996-97 to the director of state courts to reimburse Milwaukee County for costs incurred in operating one circuit court branch in the 1st judicial administrative district that primarily handles drug-related cases.

AB150, s. 9103 Section 9103. Nonstatutory provisions; aging and long-term care board.

AB150,2356,12 (1)   Insurance counseling and information.

AB150,2356,18 (a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the board on aging and long-term care associated with the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, shall become the assets and liabilities of the office of the commissioner of insurance.

AB150,2356,24 (b)   Employe transfers. All incumbent employes holding positions in the department of administration performing duties primarily related to the functions of the board on aging and long-term care associated with the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, are transferred on the effective date of this paragraph to the office of the commissioner of insurance.

AB150,2357,6 (c)  Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of the commissioner of insurance that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150,2357,12 (d)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the board on aging and long-term care associated with the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, is transferred to the office of the commissioner of insurance.

AB150,2357,20 (e)  Contracts. All contracts entered into by the board on aging and long-term care that are primarily related to the provision of information and counseling under section 16.009 (2) (j), 1993 stats., as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the office of the commissioner of insurance. The office of the commissioner of insurance shall carry out any such contractual obligations until modified or rescinded by the office of the commissioner of insurance to the extent allowed under the contract.