AB935: Bill Text

AB935, s. 52 Section 52. 93.20 (1) of the statutes is amended to read:

AB935,26,12 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or 127.

AB935, s. 53 Section 53. 111.71 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 3803t, is amended to read:

AB935,27,22 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2. or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1. or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cm) 3., 4. and 6. and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cm) 6. or (jm) or 111.77 (3) shall not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB935, s. 54 Section 54. 119.23 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,28,7 119.23 (2) (b) In the 1995-96 school year, no more than 7% of the school district's membership may attend private schools under this section. Beginning in the 1996-97 school year, no more than 15% of the school district's membership may attend private schools under this section. If in any school year there are more spaces available in the participating private schools than the maximum number of pupils allowed to participate, the department shall prorate the number of spaces available at each participating private school.

AB935, s. 55 Section 55. 146.59 of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 146.59 (2) and amended to read:

AB935,28,14 146.59 (2) Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), the University of Wisconsin Hospitals and Clinics board shall negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority authority that meets the requirements under s. 233.04 (4) and shall comply with s. 233.04 (4m).

AB935, s. 56 Section 56. 146.59 (1) of the statutes is created to read:

AB935,28,16 146.59 (1) In this section:

AB935,28,18 (a) "Authority" means the University of Wisconsin Hospitals and Clinics Authority.

AB935,28,19 (b) "Board" means the University of Wisconsin Hospitals and Clinics Board.

AB935, s. 57 Section 57. 146.59 (3) of the statutes is created to read:

AB935,28,22 146.59 (3) (a) Any contractual services agreement under sub. (2) may include any of the following:

AB935,29,2 1. A provision that authorizes the authority to perform specified ministerial duties for the board with respect to employes of the board. This authorization may include duties related to supervising employes, taking disciplinary action or recommending new hires or layoffs.

AB935,29,5 2. A provision that authorizes the board to utilize the services of the authority with respect to employes of the board in ministerial matters relating to collective bargaining, claims, complaints, or benefits and records administration.

AB935,29,9 (b) Any authorization under par. (a) shall comply with all applicable provisions of subch. V of ch. 111 and ch. 230, any delegation of authority by the department of employment relations to the board, and any collective bargaining agreement with respect to employes of the board.

AB935, s. 58 Section 58. 190.13 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,29,21 190.13 Report to stockholders. Every railroad corporation shall make an annual report to its stockholders of its operations for the preceding calendar year, or for its fiscal year, as the case may be, which report shall contain a balance sheet showing its assets and liabilities, its capital stock, and funded debt, and an income account showing its operating revenues, operating expenses, gross and net income, as the result of its traffic or business operations, and such other information in respect of its affairs as the board of directors shall deem advisable. A copy of each such report shall be kept on file in its principal office in this state, shall be mailed to each stockholder whose post-office address is known and shall be filed with the department of financial institutions office of the commissioner of railroads.

AB935, s. 59 Section 59. 220.02 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 409.411 (2) and amended to read:

AB935,30,3 409.411 (2) The division department shall establish and maintain, in consultation with the uniform commercial code statewide lien system council, computer and any other services necessary to support the uniform commercial code statewide lien system under s. 409.410 but may not maintain a central filing system, as defined in 7 USC 1631 (c) (2), for farm products, as defined in 7 USC 1631 (c) (5).

AB935, s. 60 Section 60. 230.08 (2) (e) 4f. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB935,30,6 230.08 (2) (e) 4f. Financial institutions — 4 5.

AB935, s. 61 Section 61. 230.08 (2) (yn) of the statutes is amended to read:

AB935,30,9 230.08 (2) (yn) The executive secretary and staff of the Kickapoo valley governing reserve management board.

AB935, s. 62 Section 62. 233.04 (4) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB935,30,17 233.04 (4) (intro.) Subject to s. 146.59 and 1995 Wisconsin Act 27, section 9159 (2) (k), 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 beginning on June 29, 1996, for an initial period of not more than 2 years. The agreement shall include all of the following:

AB935, s. 63 Section 63. 233.04 (7) (intro.) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB935,30,23 233.04 (7) (intro.) Subject to 1995 Wisconsin Act 27, section 9159 (2) (k), negotiate and enter into a lease agreement with the board of regents to lease the on-campus facilities beginning on June 29, 1996, for an initial period of not more than 5 years. The lease agreement shall include all of the following:

AB935, s. 64 Section 64. 233.04 (7g) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB935,31,5 233.04 (7g) (a) Submit any modification, extension or renewal of the lease agreement under sub. (7) to the joint committee on finance. No extension or renewal of the lease agreement may be for a period of more than 5 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents only upon approval of the committee.

AB935, s. 65 Section 65. 233.04 (7p) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB935,31,12 233.04 (7p) (a) Submit any modification, extension or renewal of the affiliation agreement under sub. (7m) to the joint committee on finance. No extension or renewal of the affiliation agreement may be for a period of more than 5 years. Modification, extension or renewal of the agreement may be made as proposed by the authority and the board of regents only upon approval of the committee.

AB935, s. 66 Section 66. 233.04 (7s) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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