AB935: Bill Text

AB935, s. 43 Section 43. 46.057 of the statutes is created to read:

AB935,21,25 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.

AB935,22,3 (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.

AB935, s. 44 Section 44. 46.057 (1) and (2) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:

AB935,22,24 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.

AB935,23,7 (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.

AB935, s. 45 Section 45. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,23,12 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).

AB935, s. 46 Section 46. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935,23,21 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.

AB935, s. 47 Section 47. 51.05 (3m) of the statutes is amended to read:

AB935,24,6 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.

AB935, s. 48 Section 48. 66.023 (1) (a) of the statutes is amended to read:

AB935,24,9 66.023 (1) (a) "Department" means the department of administration commerce.

AB935, s. 49 Section 49. 66.066 (2) (b) (intro.) of the statutes is amended to read:

AB935,25,16 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:

AB935, s. 50 Section 50. 66.066 (2) (b) 1. of the statutes is amended to read:

AB935,25,25 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.

AB935, s. 51 Section 51. 66.066 (2) (b) 5. of the statutes is amended to read:

AB935,26,8 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.

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.