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1995 WISCONSIN ACT 417
An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions, deleting, replacing or otherwise modifying language which discriminates on the basis of sex, reconciling conflicts and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
417,1 Section 1. 13.83 (1) (f) 2. of the statutes is amended to read:
13.83 (1) (f) 2. If the joint legislative council approves a project under par. (e) 1. or 2., it may contract for a consultant or project staff director having expertise in the subject matter of the project and it shall specify the date for the final report of the project to the joint legislative council.
Note: Corrects error in transcribing 1993 Wis. Act 52.
417,2 Section 2. 13.90 (6) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
13.90 (6) The joint committee on legislative organization shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy, the governor and the secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the legislature and legislative service agencies, as defined in section s. 16.70 (6) of the statutes. The plan shall address the business needs of the legislature and legislative service agencies and shall identify all resources relating to information technology which the legislature and legislative service agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the legislature and legislative service agencies under the plan.
Note: Replaces superfluous language pursuant to s. 13.93 (1) (d).
417,3 Section 3. 15.405 (17) (b) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:
15.405 (17) (b) There is created a barbering and cosmetology examining board in the department of regulation and licensing. The barbering and cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed barbers or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of barbering or cosmetology, one member shall be a representative of a public school of barbering or cosmetology and one member shall be a licensed electrologist. Except for the 2 members representing schools, no member may be connected with or have any financial interest in a barbering or cosmetologist cosmetology school. This paragraph applies after June 30, 1994.
Note: Corrects error in transcribing 1987 Wis. Act 265.
417,4 Section 4. 16.385 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3199, is amended to read:
16.385 (4) (a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 4. 4m. a. to e. or from another local governmental agency or a private nonprofit organization with which the department contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department for that purpose.
Note: Inserts correct cross-reference. There is no s. 46.22 (1) (b) 4. a. to e.
417,5 Section 5. 16.971 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
16.971 (4) (a) The department may license or authorize executive branch agencies to license computer programs developed by executive branch agencies to the federal government, other states, and municipalities. Any agency other than an executive branch agency may license a computer program developed by that agency to the federal government, other states and municipalities.
Note: Deletes comma consistent with current style.
417,6 Section 6. The amendments of 20.435 (1) (gm) of the statutes by 1995 Wisconsin Act 27 are not repealed by 1995 Wisconsin Act 98. All amendments stand.
Note: There is no conflict of substance.
417,7 Section 7. 20.435 (7) (kd) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
20.435 (7) (kd) Rehabilitation teaching aids. All moneys transferred from the appropriation under s. 20.445 (5) (hd) to provide assistance under the rehabilitation teaching program for blind and visually impaired persons under s. 46.293 (1) (a).
Note: Corrects cross-reference. There is no s. 46.293 (1) (a).
417,8 Section 8. 20.835 (4) (g) of the statutes, as affected by 1995 Wisconsin Act 56, is amended to read:
20.835 (4) (g) County taxes. All moneys received from the taxes imposed under s. 77.70 for distribution to the counties that enact an ordinance imposing taxes under that section and for interest payments on refunds under s. 77.76 (3), except that 1.5% of those tax revenues collected under that section shall be credited to the appropriation account under s. 20.566 (1) (g).
NOTE: The underscored language was inserted by 1995 Wis. Act 56 without being shown as underscored. The change was intended.
417,9 Section 9. 21.19 (12) of the statutes is amended to read:
21.19 (12) The adjutant general shall provide from the appropriation under s. 20.465 (1) (c) a United States flag to the next of kin of each deceased member of the national guards guard who dies as a result of state service under s. 21.11.
Note: Corrects error in transcribing 1993 Wis. Act 16.
417,10 Section 10. 23.09 (17m) (h) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
23.09 (17m) (h) (intro.) If the amount of the unencumbered balance in a county's wildlife management fund account exceeds either of the following, the department may demand that the county repay to the department the excess amount to the department:
Note: Deletes redundant phrase inserted by 1995 Wis. Act 27.
417,11 Section 11. 23.196 (2) (b) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
23.196 (2) (b) For the purpose of establishing the Willow flowage project, the department may expend up to an amount equal to the total amount available for the purchase of land. For purposes of ss. 23.09 (2r) (a) 1. and 23.0915 (1), moneys expended under this paragraph shall be treated as moneys expended for the lower Wisconsin state riverway acquisition.
Note: An early version of 1995 Wis. Act 27 renumbered s. 23.09 (2r) (a) to be s. 23.09 (2r) (a) 1. As enacted, 1995 Wisconsin Act 27 did not include this renumbering, but s. 23.196 (2) (b) was not changed accordingly.
417,12 Section 12. 24.66 (5) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
24.66 (5) (a) Every application for a loan under this section by a municipality shall be accompanied by a certified copy under the hand of the proper clerk of a recorded resolution adopted by the municipality applying for or approving the loan, levying, except as provided in par. (b), upon all the taxable property of the municipality a direct annual tax for the purpose of paying and sufficient to pay the principal and interest on the proposed loan as they become due. In a 1st class city school district, the application shall be accompanied by a certified copy of a resolution, adopted by the board of school directors, stating that it is the intention of the board of school directors to include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of money necessary to pay the principal and interest on the loan as they become due. Every application for a loan under this subsection by a cooperative educational service agency shall be accompanied by a copy of a recorded resolution adopted by the school board of each school district for which the loan is sought, certified by the school district clerk of that school district, levying upon all taxable property of the school district a direct annual tax for the purpose of paying and sufficient to pay the school district's share of the principal and interest on the proposed loan as they become due. Every application for a loan under this subsection by a cooperative educational service agency shall be accompanied by a copy of a recorded resolution adopted by the school board of each school district for which the loan is sought, certified by the school district clerk of that school district, levying upon all taxable property of the school district a direct annual tax for the purpose of paying and sufficient to pay the school district's share of the principal and interest on the proposed loan as they become due. The levy imposed by the municipality shall be void if the board declines to make the loan; otherwise it shall remain valid and irrepealable until the loan and all interest on the loan are fully paid.
NOTE: The stricken language was inadvertently repeated by 1995 Wis. Act 27.
417,13 Section 13. 27.065 (3) of the statutes is amended to read:
27.065 (3) Parkways and streets, improve. The county board may improve all or any portion of the county's system of streets and parkways by causing the same to be leveled, graded, paved or improved in any other manner, and sidewalks, curbs or gutters or either installed, cause water and sewer mains and laterals, and lighting mains and fixtures, fences, bridges, culverts, viaducts and flood control dams erected and constructed therein, and cause the parkway portions thereof to be planted, seeded or sodded. The county board may establish the grade of all streets and parkways in areas not already established and change and reestablish the same as it deems expedient. Whenever it shall change or alter the permanently established grade of any street or parkway, any person thereby sustaining damages to property owned on the affected street shall have a right to recover such the damages in the manner set forth in this section. The grade of all streets and parkways shall be established and described and the adoption of such grades and all alterations thereof shall be recorded by the county clerk. No street or parkway shall be worked until the grade thereof is established and recorded in the office of the county clerk.
Note: Corrects error in transcribing 1991 Wis. Act 316.
417,14 Section 14. 29.05 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
29.05 (2) Additional arrest powers. In addition to the arrest powers under sub. (1), a conservation warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the conservation warden makes an arrest without the presence of another law enforcement agency, the conservation warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The conservation warden shall be available as a witness for the state. A conservation warden may not conduct investigations for violations of state law except as authorized in sub. (3) and ss. 23.11 (4) and 41.41 (12) and 23.11 (4). A conservation warden acting under the authority of this subsection is considered an employe of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.
Note: Reverses order of cross-references consistent with current style.
417,15 Section 15. 29.52 (4) (d) of the statutes is amended to read:
29.52 (4) (d) "Private fish hatchery, Class D" means any Class A or Class B licensee who transfers fish produced, reared or possessed by the licensee under such a Class A or Class B license to the licensee's holding or rearing ponds situated on lands owned or leased by the licensee but not included in the licensee's Class A or Class B license.
Note: Corrects error in transcribing 1991 Wis. Act 316.
417,16 Section 16. 32.05 (9) (a) 2. of the statutes is amended to read:
32.05 (9) (a) 2. In cases where the amount of the award appealed from is increased on appeal, such amount shall be paid by the condemnor making tender of the amount to one of the appellant owners or appellant parties of interest in the same manner governing the tender of a basic award. In the event that a determination on appeal reduces the amount of the appealed award, those parties who joined in the appeal shall be liable, jointly and severally, to the condemning authority.
Note: Inserts missing words and a comma.
417,17 Section 17. 36.25 (36) of the statutes, as created by 1995 Wisconsin Act 101, is renumbered 36.25 (35m).
Note: 1995 Wis. Act 27 also created a s. 36.25 (36).
417,18 Section 18. The treatment of 40.02 (22) (g) of the statutes by 1995 Wisconsin Act 88 is not repealed by 1995 Wisconsin Act 89. Both treatments stand.
Note: There is no conflict of substance.
417,19 Section 19. 46.215 (1m) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:
46.215 (1m) Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of the county department of social services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or with any person providing services to the client under a purchase of services contract with the county department of social services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of social services to coordinate the delivery of services to the client.
Note: Section 49.53 was renumbered to be s. 49.83 by 1995 Wis. Act 27. The amendment of the cross-reference in this provision is made consistent with the treatment of all cross-references to s. 49.53 (1m) by 1995 Wis. Act 27.
417,20 Section 20. 46.22 (1) (dm) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:
46.22 (1) (dm) Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of the county department of social services acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or with any person providing services to the client under a purchase of services contract with the county department of social services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of social services to coordinate the delivery of services to the client.
Note: Section 49.53 was renumbered to be s. 49.83 by 1995 Wis. Act 27. The amendment of the cross-reference in this provision is made consistent with the treatment of all cross-references to s. 49.53 (1m) by 1995 Wis. Act 27.
417,21 Section 21. The amendment of 46.23 (3) (e) of the statutes by 1995 Wisconsin Act 27 is not repealed by 1995 Wisconsin Act 64. Both amendments stand.
Note: There is no conflict of substance.
417,22 Section 22. 46.26 (4) (eg) of the statutes is repealed.
Note: 1995 Wis. Act 27 repealed all of s. 46.26 except this provision. The intent of Act 27 was to repeal all of s. 46.26.
417,23 Section 23. 48.30 (9) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
48.30 (9) If a court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 48.13, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquires inquiries set forth in sub. (8).
Note: Corrects spelling error.
417,24 Section 24. 49.027 (2) (a) 1. b. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
49.027 (2) (a) 1. b. The department shall determine the total amount of general relief reimbursements that were paid under s. 49.035, 1993 stats., for costs incurred in 1994, to all counties that are eligible to receive a relief block grant under this section.
Note: Inserts missing word.
417,25 Section 25. 49.33 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2043, and 1995 Wisconsin Act 289, is amended to read:
49.33 (2) Contracts. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.445 (3) (de) and (nL) in accordance with the reimbursement method established under s. 49.33 sub. (8). The department may reduce its payment to any county under s. 20.445 (3) (de) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.
Note: Corrects form of cross-reference.
417,26 Section 26. 49.45 (2) (a) 1. of the statutes is amended to read:
49.45 (2) (a) 1. Exercise responsibility relating to fiscal matters, the eligibility for benefits under standards set forth in ss. 49.46 to 49.47 and general supervision of the medical assistance program;.
Note: Replaces punctuation consistent with current style and the remainder of s. 49.45 (2) (a).
417,27 Section 27. 49.45 (2) (a) 2. of the statutes is amended to read:
49.45 (2) (a) 2. Employ necessary personnel under the classified service for the efficient and economical performance of the program and shall supply residents of this state with information concerning the program and procedures;.
Note: Replaces punctuation consistent with current style and the remainder of s. 49.45 (2) (a).
417,28 Section 28. 49.45 (2) (a) 3. of the statutes is amended to read:
49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance, rehabilitative and social services under ss. 49.46, 49.468 and 49.47 and rules and policies adopted by the department and may designate this function to the county department under s. 46.215 or 46.22; .
Note: Replaces punctuation consistent with current style and the remainder of s. 49.45 (2) (a).
417,29 Section 29. 49.45 (2) (a) 4. of the statutes is amended to read:
49.45 (2) (a) 4. To the extent funds are available under s. 20.435 (1) (bm), certify all proper charges and claims for administrative services to the department of administration for payment and the department of administration shall draw its warrant forthwith;.
Note: Replaces punctuation consistent with current style and the remainder of s. 49.45 (2) (a).
417,30 Section 30. 49.45 (2) (a) 5. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
49.45 (2) (a) 5. Cooperate with the division for learning support, equity and advocacy in the department of education to carry out the provisions of Title XIX; .
Note: Replaces punctuation consistent with current style and the remainder of s. 49.45 (2) (a).
417,31 Section 31. 49.45 (2) (a) 6. of the statutes is amended to read:
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