1997 Wisconsin Act 35

35,21 Section 21 . 20.320 (1) (t) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

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). Fifty percent of all moneys received from municipalities as payment of interest on loans or portions of loans under ss. 144.241 281.58 and 144.2415 281.59 the revenues of which have not been pledged to secure revenue obligations shall be credited to this appropriation account.

Note: Inserts correct cross-references. Sections 144.241 and 144.2415 were renumbered to ss. 281.58 and 281.59 by 1995 Wis. Act 227.

35,22 Section 22. The amendment of 20.370 (2) (bL) of the statutes by 1995 Wisconsin Act 227 is not repealed by 1995 Wisconsin Act 378. Both amendments stand.

Note: There is no conflict of substance.

35,23 Section 23 . The amendment of 20.370 (3) (ma) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 227. Both amendments stand.

Note: There is no conflict of substance.

35,24 Section 24 . 20.395 (1) (gq) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read:

20.395 (1) (gq) Expressway policing aids, state funds. The amounts in the schedule to reimburse any county policing expressways under s. 59.83 59.84 (10) (b).

Note: 1995 Wis. Act 201 changed the cross-reference in this provision from s. 59.965 to s. 59.83, but renumbered s. 59.965 to be s. 59.84.

35,25 Section 25 . 20.410 (3) (ho) of the statutes, as affected by 1995 Wisconsin Act 416, is amended to read:

20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 as specified in s. 301.26 (4) (e) shall be credited to this appropriation account. If moneys generated by the monthly rate exceed actual fiscal year foster care, treatment foster care, group home care and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in foster care, treatment foster care, group home care or institutional child care. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

Note: Replaces “children" with “juveniles" consistent with references in ch. 938.

35,26 Section 26 . 20.410 (3) (o) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

20.410 (3) (o) Federal aid; foster care and treatment foster care. All federal moneys received for meeting the costs of providing foster care, treatment foster care and institutional child care to delinquent children juveniles under ss. 938.48 (4) and (14) and 938.52, and for the cost of care for children under s. 49.19 (10) (d). All moneys received under this paragraph shall be deposited in the general fund as a nonappropriated receipt.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938.

35,27 Section 27 . The treatments of 20.435 (1) (gm) of the statutes by 1995 Wisconsin Act 27, 98 and 417 are not repealed by 1995 Wisconsin Act 468. All treatments stand.

Note: There is no conflict of substance.

35,28 Section 28 . 20.445 (1) (uy) of the statutes, as affected by 1995 Wisconsin Act 113, section 2t, is renumbered 20.445 (1) (uz).

Note: 1995 Wis. Act 27 renumbered s. 20.395 (1) (bz) to s. 20.445 (1) (uy).

35,29 Section 29 . 20.445 (3) (cn) of the statutes, as affected by 1995 Wisconsin Act 27, section 846, is amended to read:

20.445 (3) (cn) Child care for recipients and former recipients of aid to families with dependent children. The amounts in the schedule for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.191 (2), for child care and related transportation costs under s. 49.26 (1) (e), for child care costs under s. 49.191 (1) (b) and, with the approval of the department under s. 49.191 (3) (b), for child care costs under s. 49.191 (1) (a) or 49.193 (8). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

Note: Section 49.191 (1) (a) was renumbered from s. 49.50 (6e) (a) by 1995 Wis. Act 27. Section 49.50 (6e) (a) was repealed by 1995 Wis. Act 289, without taking into account the treatment by Act 27. The repeal stands.

35,30 Section 30 . 20.445 (3) (dc) of the statutes, as affected by 1995 Wisconsin Act 27, section 850, is amended to read:

20.445 (3) (dc) Emergency assistance program. The amounts in the schedule for emergency assistance for families with needy children under s. 49.19 (11) (b) 49.138. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds allocated but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

Note: Inserts correct cross-reference. Section 49.19 (11) (b) was renumbered to s. 49.138 by 1995 Wis. Act 289.

35,31 Section 31 . 20.445 (3) (df) of the statutes, as affected by 1995 Wisconsin Act 27, section 854, is amended to read:

20.445 (3) (df) Employment and training programs. The amounts in the schedule for the learnfare program under s. 49.26 (1), the job opportunities and basic skills program under s. 49.193, the work experience and job training program under s. 49.36, the food stamp employment and training project under s. 49.124 (1m), the parental responsibility pilot program under s. 49.25, paying child care costs under s. 49.191 (1) (a) and, with the approval of the department under s. 49.193 (8) (bm), for child care costs under s. 49.191 (1) (b) or (2) or 49.26 (1) (e). Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

Note: Section 49.191 (1) (a) was renumbered from s. 49.50 (6e) (a) by 1995 Wis. Act 27. Section 49.50 (6e) (a) was repealed by 1995 Wis. Act 289, without taking into account the treatment by Act 27. The repeal stands.

35,32 Section 32 . 20.566 (7) (v) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

20.566 (7) (v) Investment and local impact fund. From the investment and local impact fund, all moneys received under s. 70.395 (1) (a), (1g) (b) and (2) (dc) and (dg), less the moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d) to (g), 293.33 (4) and 293.85 293.65 (5) (a).

Note: 1995 Wis. Act 227 renumbered s. 144.855 to s. 293.65. Act 227 amended the cross-reference in this provision from s. 144.855 to s. 293.85. The intent was that the cross-reference correspond with the renumbering.

35,33 Section 33 . 20.575 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of carrying out general program operations. Except as provided under par. (ka), all amounts received by the secretary of state, including fees under chs. 132 and 137 and all moneys transferred from the appropriation under s. 20.566 (4) 20.144 (1) (g), shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10% of that fiscal year's expenditures under this appropriation shall lapse to the general fund.

Note: There is no s. 20.566 (4) (g). The original governor's budget provided for a transfer to this appropriation under s. 20.566. That appropriation was changed to s. 20.144 in 1995 Wis. Act 27, as enacted, but this cross-reference was not changed accordingly.

35,34 Section 34 . The amendment of 20.865 (1) (a) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.

Note: There is no conflict of substance.

35,35 Section 35 . The amendment of 20.865 (1) (g) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.

Note: There is no conflict of substance.

35,36 Section 36 . The amendment of 20.865 (1) (q) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.

Note: There is no conflict of substance.

35,37 Section 37 . 20.866 (1) (u) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

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 (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.

Note: 1995 Wis. Act 216 deleted the comma without showing it as stricken and inserted “and" without showing it as underscored. The change was intended.

35,38 Section 38 . The amendment of 20.866 (2) (tc) of the statutes by 1995 Wisconsin Act 227 is not repealed by 1995 Wisconsin Act 452. Both amendments stand.

Note: There is no conflict of substance.

35,39 Section 39 . 23.09 (20) (title) of the statutes is amended to read:

23.09 (20) (title) Aid Aids for the acquisition and development of local parks.

Note: Corrects error in transcribing 1987 Wis. Act 295.

35,40 Section 40 . 23.095 (1) (b) of the statutes, as created by 1995 Wisconsin Act 391, is amended to read:

23.095 (1) (b) “Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

Note: Inserts correct cross-reference. Section 144.76 (1) (a) was renumbered to s. 292.01 (3) by 1995 Wis. Act 227.

35,41 Section 41 . 23.095 (1) (c) of the statutes, as created by 1995 Wisconsin Act 391, is amended to read:

23.095 (1) (c) “Hazardous substance" has the meaning given in s. 144.01 (4m) 285.01 (21).

Note: Section 144.01 (4m) was repealed by 1995 Wis. Act 227. An identical definition of “hazardous substance" was created by Act 227 at s. 285.01 (21).

35,42 Section 42 . 23.50 (1) of the statutes, as affected by 1995 Wisconsin Acts 216, 227 and 290, is amended to read:

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, 144.783 (2), 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and, 287.81 and 299.64 (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 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.

Note: This bill renumbers s. 144.783 to s. 299.64.

35,43 Section 43 . The amendment of 23.53 (1) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 227. Both amendments stand.

Note: There is no conflict of substance.

35,44 Section 44 . 23.65 (1) of the statutes, as affected by 1995 Wisconsin Acts 227 and 290, is amended to read:

23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 144.783 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 or, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule promulgated pursuant thereto, has been committed the district attorney may proceed by complaint and summons.

Note: This bill renumbers s. 144.783 to s. 299.64.

35,45 Section 45 . 25.156 (2m) of the statutes is amended to read:

25.156 (2m) The investment board shall employe employ an internal auditor, who shall serve outside the classified service. The board shall fix the compensation of the internal auditor.

Note: Corrects spelling.

35,46 Section 46 . 25.17 (14m) 1. 2. and 3. of the statutes, as affected by 1995 Wisconsin Act 274, are renumbered 25.17 (14m) (a), (b) and (c).

Note: Renumbers paragraphs consistent with current style.

35,47 Section 47 . The amendment of 25.40 (1) (im) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 269. Both amendments stand.

Note: There is no conflict of substance.

35,48 Section 48 . 25.40 (2) (b) 15g. of the statutes, as created by 1995 Wisconsin Act 113, is amended to read:

25.40 (2) (b) 15g. Section 20.445 (1) (uy) (uz).

Note: This bill renumbers s. 20.445 (1) (uy) as affected by 1995 Wis. Act 113 to s. 20.445 (1) (uz).

35,48m Section 48m. 25.43 (2) (c) of the statutes is amended to read:

25.43 (2) (c) The department of administration may establish and change accounts in the clean water fund other than those under pars. (a) and (b). The department of administration shall consult the department of natural resources before establishing or changing an account that is needed to administer the program under s. 281.58 and or 281.59.

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,49 Section 49 . 27.12 (2) of the statutes is amended to read:

27.12 (2) For damages caused by want of repair. Neither the city nor any such private parties shall be liable for any damage resulting from insufficiency in such construction, maintenance or repair of any parks, parkways, boulevards or pleasure drives owned by the city and located outside of its limits; but the city may cause any of them or any part of either of them which is not in good repair, to be closed to the use of the public until the same shall be put in good repair. At conspicuous points along any such boulevard or pleasure drive a notice shall be placed at intervals not exceeding one mile, painted in large, plain letters, as follows: “Any person using this drive assumes all risk as to defects therein".

Note: Corrects error in transcribing 1991 Wis. Act 316.

35,50 Section 50 . 29.06 (1) of the statutes, as affected by 1995 Wisconsin Acts 79, 126 and 225, is repealed and recreated to read:

29.06 (1) (a) All wild animals, or carcasses or parts thereof, that are confiscated by the department and all confiscated apparatus, appliances, equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department or its wardens, or by an agent on commission under the written authority and supervision of the department. The net proceeds of all sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under par. (c) or (d), shall be promptly remitted, by the warden by whom or under whose authority and supervision the sales are made, to the department. The remittance shall be accompanied by a complete and certified report of the sales made under this subsection, supported by proper vouchers covering all deductions made for expenses and commissions, and shall be filed with the department.

(b) Of the remittance from the sales of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund.

(c) 1. In the case of the sale of a confiscated motor vehicle, the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists. The department shall, within 10 days after obtaining actual or constructive notice of any security interest in the seized motor vehicle, give the secured party notice of the time and place when there is to be any proceeding before a court pertaining to the confiscation of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.

2. The time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation as provided in s. 29.05 (8). The department shall give each secured party discovered in accordance with subd. 1. at least 10 days' notice of the time and place of sale of the motor vehicle.

3. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, proves to the court, or after judgment of confiscation, to the department, that the violation that led to the confiscation was not with the knowledge, consent or connivance of the holder of the security interest or with that of some person employed or trusted by the holder of the security interest, the amount due under the security agreement, together with any other deductions authorized under par. (a), shall be deducted from the proceeds of the sale of the confiscated motor vehicle and the amount due shall be paid to the one entitled. If a sufficient amount does not remain for the full payment of the amount due under the security agreement after making the other deductions authorized under par. (a), the amount remaining shall be paid to the one entitled.

(d) The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor vehicles under this subsection.

(e) This subsection shall not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. For purposes of this subsection, “deer" does not include farm-raised deer.

Note: Reconciles the treatments by 1995 Wis. Acts 79, 126 and 225.

35,51 Section 51 . 29.578 (14) (am) of the statutes is amended to read: