SB565: Bill Text

This bill removes the 5-year limitation on the initial period of the lease agreement and the affiliation agreement, and of any extensions or renewals of either agreement. The bill allows UWHCA and the board of regents to modify the initial period of the lease agreement and the affiliation agreement without the approval of JCF if that period is for 5 years or less. The bill also removes the requirement that LAB perform a performance evaluation audit before extension or renewal of either agreement may be negotiated.

Under current law, UWHCA is required to negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Board (UWHCB) for employes of UWHCB to perform services at the University of Wisconsin Hospitals and Clinics, beginning on June 29, 1996.

This bill provides that the contractual services agreement may authorize UWHCA to perform specified ministerial duties for UWHCB with respect to UWHCB employes, including duties related to supervision, disciplinary action and the recommendation of new hires or layoffs. The agreement may also authorize UWHCB to use the services of UWHCA with respect to UWHCB employes in ministerial matters relating to collective bargaining, claims, complaints, or benefits and records administration.

Currently, the department of administration (DOA) advises and assists state agencies in the establishment and operation of records management programs and audits those programs. DOA also operates a state records center, central microfilm storage facility and a facility for the storage of records of state agencies in optical disk or electronic format, and charges agencies for the use of the center and facilities.

Currently, DOA prescribes, by rule, procedures for the transfer of the records of state agencies to optical disk or electronic format and qualitative standards for optical disks and for copies of documents generated from optical disks used to store those records. If a state agency follows those rules and certain statutory requirements in transferring its records to optical disk or electronic format, any microfilm reproduction or copy of a record of the agency stored in optical disk or electronic format is considered an original record for evidentiary purposes.

This bill treats UWHCA as a state agency for the purposes described above.

Under current law, a local professional baseball park district may, under certain conditions, enter into an agreement with DOA for DOA to provide building construction services or work to the district. Construction undertaken by such a district is generally subject to the ordinances and regulations of the municipality in which the construction takes place.

This bill provides that, if DOA undertakes construction on behalf of a local professional baseball park district of a building, structure or facility that is constructed for the benefit or use of the district, the building, structure or facility is exempt from all ordinances and regulations, except zoning ordinances and regulations, of the municipality in which the construction takes place.

This bill changes the name of the Kickapoo valley governing board to the Kickapoo reserve management board.

Other

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB565, s. 1 Section 1. 13.48 (13) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 24c, is amended to read.

SB565,9,3 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state or, any state agency, board, commission or department or, the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations and zoning ordinances or regulations of the municipality in which the construction takes place but the construction is not subject to other the ordinances or regulations of that the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB565, s. 2 Section 2. 13.94 (1) (o) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

SB565, s. 3 Section 3. 15.07 (1) (b) 20. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,9,9 15.07 (1) (b) 20. The 3 members of the Kickapoo valley governing reserve management board appointed under s. 15.445 (2) (b) 3.

SB565, s. 4 Section 4. 15.07 (5) (y) of the statutes is amended to read:

SB565,9,12 15.07 (5) (y) Members of the Kickapoo valley governing reserve management board, $25 per day.

SB565, s. 5 Section 5. 15.187 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 15.187 (1).

SB565, s. 6 Section 6. 15.187 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 409.411 (1) and amended to read:

SB565,9,19 409.411 (1) The uniform commercial code statewide lien system council shall advise the department of financial institutions on the uniform commercial code statewide lien system under s. 409.410.

SB565, s. 7 Section 7. 15.445 (2) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,9,22 15.445 (2) (title) Kickapoo valley governing reserve management board.

SB565, s. 8 Section 8. 15.445 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,10,2 15.445 (2) (a) Creation. There is created a Kickapoo valley governing reserve management board which is attached to the department of tourism under s. 15.03.

SB565, s. 9 Section 9. 16.61 (3) (s) of the statutes is amended to read:

SB565,10,12 16.61 (3) (s) Shall recommend to the department procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk format, including procedures to ensure the authenticity, accuracy and reliability of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such public records are protected from unauthorized destruction. The board shall also recommend to the department qualitative standards for optical disks and copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.

SB565, s. 10 Section 10. 16.611 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,10,22 16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk or electronic format and for the maintenance of public such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such public records are protected from unauthorized destruction.

SB565, s. 11 Section 11. 16.611 (2) (c) of the statutes is amended to read:

SB565,11,2 16.611 (2) (c) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.

SB565, s. 12 Section 12. 16.62 (1) (a) of the statutes is amended to read:

SB565,11,7 16.62 (1) (a) To advise and assist state agencies and the University of Wisconsin Hospitals and Clinics Authority in the establishment and operation of records management programs through the issuance of standards and procedures and provision of technical and management consulting services.

SB565, s. 13 Section 13. 16.62 (1) (b) of the statutes is amended to read:

SB565,11,11 16.62 (1) (b) To operate a state records center and a central microfilm facility for state agencies and the University of Wisconsin Hospitals and Clinics Authority and to develop promulgate rules as necessary for efficient operation of the facilities.

SB565, s. 14 Section 14. 16.62 (1) (bm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,11,17 16.62 (1) (bm) To operate a storage facility for storage of public records and records of the University of Wisconsin Hospitals and Clinics Authority in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.

SB565, s. 15 Section 15. 16.62 (1) (c) of the statutes is amended to read:

SB565,11,21 16.62 (1) (c) To periodically audit state agencies' the records management programs of state agencies and the University of Wisconsin Hospitals and Clinics Authority and recommend improvements in records management practices.

SB565, s. 16 Section 16. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB565, s. 17 Section 17. 20.143 (1) (km) of the statutes, as created by 1995 Wisconsin Act 27, section 512mp, is amended to read:

SB565,12,7 20.143 (1) (km) Minority business projects; transfer. Biennially, the amounts in the schedule for grants and loans under ss. 560.82 and 560.83. All moneys transferred from the appropriation account under par. (ie) shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on July 1, 1997, is transferred to the appropriation account under par. (ie).

SB565, s. 18 Section 18. 20.143 (3) (kc) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 20.143 (4) (kd) and amended to read:

SB565,12,15 20.143 (4) (kd) Administrative services. The amounts in the schedule for administrative and support services for programs administered by the department. All moneys received by the department from the department, not except for moneys directed to be deposited under par. (ks) pars. (k), (ka) and (kb) and subs. (1) (k), (ka) and (kb) and (3) (ks), as payment for administrative and support services for programs administered by the department shall be credited to this appropriation.

SB565, s. 19 Section 19. 20.144 (1) (g) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB565,13,8 20.144 (1) (g) General program operations. The amounts in the schedule for the general program operations of the department of financial institutions. Except as provided in pars. (a), (h), (i), (ka) and (u), all moneys received by the department, other than by the office of credit unions, the division of banking and the division of savings and loan, and 88% of all moneys received by the department's division of banking and the department's division of savings and loan shall be credited to this appropriation, but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund. Annually, $200,000 of the amounts received under this appropriation account shall be transferred to the appropriation account under s. 20.575 (1) (g).

SB565, s. 20 Section 20. 20.144 (2) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,13,16 20.144 (2) (g) General program operations. The amounts in the schedule for the general program operations of the office of credit unions and for supervision of credit unions under ch. 186. Except as provided in par. (ka), 88% Eighty-eight percent of all moneys received by the office shall be credited to this appropriation, but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund.

SB565, s. 21 Section 21. 20.320 (1) (t) of the statutes is repealed and recreated to read:

SB565,13,24 20.320 (1) (t) Principal repayment and interest — clean water fund bonds. From the clean water fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in transferring moneys from s. 20.866 (2) (tc) to the clean water fund for the purposes specified in s. 25.43 (3). All moneys received from municipalities as payment of interest on loans or portions of loans under ss. 144.241 and 144.2415 made with the proceeds of general obligation bonds shall be credited to this appropriation account.

SB565, s. 22 Section 22. 20.380 (2) (ip) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,14,7 20.380 (2) (ip) (title) Kickapoo valley governing reserve management board; program services. All moneys received by the Kickapoo valley governing reserve management board from admissions, fees, leases, concessions, memberships, sales and other similar receipts authorized under s. 41.41 to be used for the general program operations of the board under s. 41.41.

SB565, s. 23 Section 23. 20.380 (2) (ms) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,14,13 20.380 (2) (ms) Kickapoo valley governing reserve management board; federal aid. All moneys received by the Kickapoo valley governing reserve management board from the federal government, as authorized by the governor under s. 16.54, to be used for the purposes for which made and received.

SB565, s. 24 Section 24. 20.380 (2) (q) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,14,19 20.380 (2) (q) (title) Kickapoo valley governing reserve management board; general program operations. From the conservation fund, the amounts in the schedule for the general program operations of the Kickapoo valley governing reserve management board under s. 27.41 41.41.

SB565, s. 25 Section 25. 20.380 (3) (ir) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.380 (2) (ir) and amended to read:

SB565,14,25 20.380 (2) (ir) (title) Kickapoo valley governing reserve management board; gifts and grants. All moneys received by the Kickapoo valley governing reserve management board from gifts, grants or bequests, to carry out the purpose for which received.

SB565, s. 26 Section 26. 20.435 (7) (o) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,15,15 20.435 (7) (o) Federal aid; community aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b) and s. 46.70; all federal moneys received as child welfare funds under 42 USC 620 to 626 as limited under s. 48.985; all federal child care and development block grant funds received under 42 USC 9858 that are allocated under s. 46.40 (2m) (c) (4m) for distribution under s. 46.98 (2); all federal moneys received as child care grants under 42 USC 603 (n) as allocated under s. 46.40 (2m) (c) (4m) and distributed under s. 46.98 (2); and all unanticipated federal social services block grant funds received under 42 USC 1397 to 1397e, in accordance with s. 46.49 (2), for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

SB565, s. 27 Section 27. 20.445 (5) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.435 (6) (e).

SB565, s. 28 Section 28. 20.505 (1) (im) of the statutes is amended to read:

SB565,15,24 20.505 (1) (im) Services to nonstate governmental units. The amounts in the schedule to provide services and to repurchase inventory items that are provided primarily to purchasers outside state government other than state agencies. All moneys received from the sale of services, other than services provided under par. (is), and inventory items which are provided primarily to purchasers outside state government other than state agencies shall be credited to this appropriation account.

SB565, s. 29 Section 29. 20.575 (1) (i) of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

SB565,16,9 20.575 (1) (i) Uniform commercial code statewide lien system. The amounts in the schedule for the purpose of establishing and maintaining support services under s. 14.38 (13), 1993 stats., for the uniform commercial code statewide lien system under s. 409.410. All moneys received from fees forwarded by registers of deeds under ss. 409.403 (5) (a), 409.405 (1) and (2) and 409.406 plus $3 of the fees collected by the secretary of state for each filing under ss. 409.403 (5) (b), 409.405 (1) and (2) and 409.406 shall be credited to this appropriation.

SB565, s. 30 Section 30. 20.866 (1) (u) of the statutes, as affected by 1995 Wisconsin Act 27, Section 1160, is amended to read:

SB565,16,20 20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.190 (1) (c), (i) and (j), 20.225 (1) (c), 20.245 (1) (e), (2) (e) and (j), (4) (e) and (5) (e), 20.250 (1) (e), 20.255 (1) (d), 20.285 (1) (d), (db), (fh), (ih) and (kd) and (5) (i), 20.320 (1) (c) and (t), 20.370 (7) (aa), (ac), (aq), (ar), (at), (ba), (ca), (cb), (cc), (cd), (ea) and (eq), 20.395 (6) (aq) and (ar), 20.410 (1) (e), (ec) and (ko) and (3) (e), 20.435 (2) (ee) and 20.445 (5) (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go) and (3) (t), 20.505 (5) (g) and (kc) and 20.867 (1) (a) and (b) and (3) (a), (b), (g), (h), (i) and (q) for the payment of principal and interest on public debt contracted under subchs. I and IV of ch. 18.

SB565, s. 31 Section 31. 20.923 (6) (L) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,16,24 20.923 (6) (L) Tourism, department of; Kickapoo valley governing reserve management board: executive secretary and staff.

SB565, s. 32 Section 32. 23.50 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,17,14 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB565, s. 33 Section 33. 23.53 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,18,7 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 159.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

SB565, s. 34 Section 34. 23.56 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,18,16 23.56 (1) A person may be arrested for 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, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

SB565, s. 35 Section 35. 23.57 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,18,24 23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person 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; and:

SB565, s. 36 Section 36. 23.58 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,19,14 23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit 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. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

SB565, s. 37 Section 37. 23.62 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,19,23 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:

SB565, s. 38 Section 38. 32.197 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,20,17 32.197 (title) Waiver of relocation assistance; indemnification. An Unless the property being acquired is part of a program or project receiving federal financial assistance, an owner-occupant of the property being acquired may waive his or her right to receive any relocation payments or services under this subchapter if the property being acquired is not contiguous to any property which may be acquired by the condemnor and is not part of a previously identified or proposed project where it is reasonable to conclude that acquisition by the condemnor may occur in the foreseeable future. Prior to the execution of any waiver under this section, the condemnor shall provide to the owner-occupant, in writing, full information about the specific payments and services being waived by the owner-occupant. The department of commerce shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed, may agree to indemnify the condemnor for all relocation payments and services under this subchapter that are associated with the acquisition of the property, including the cost of preparing plans required under s. 32.25 (1), and may agree to prepare and file the plans required under s. 32.25 on behalf of the condemnor.

SB565, s. 39 Section 39. 32.25 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,20,24 32.25 (1) Except as provided under sub. (3) and ss. 32.197 and s. 85.09 (4m), no condemnor may proceed with any activity that may involve the displacement of persons, business concerns or farm operations until the condemnor has filed in writing a relocation payment plan and relocation assistance service plan and has had both plans approved in writing by the department of commerce.

SB565, s. 40 Section 40. 41.41 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB565,21,4 41.41 (1) (a) "Board" means the Kickapoo valley governing reserve management board.