1995 Wisconsin Act 417

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:

49.45 (2) (a) 6. Appoint such advisory committees as are necessary and proper; and.

Note: Replaces punctuation consistent with current style and the remainder of s. 49.45 (2) (a).

417,32 Section 32. 51.42 (3) (as) 1. of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, is amended to read:

51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. A county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship or legal custody of the department of health and family services or the department of corrections under s. 48.355, 48.427 or 48.43. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client.

Note: Inserts missing comma.

417,33 Section 33 . The amendment of 51.42 (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.

417,34 Section 34 . 51.437 (4r) (b) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:

51.437 (4r) (b) 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 developmental disabilities 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 developmental disabilities services or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of developmental disabilities 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.

417,35 Section 35 . 60.63 (11) of the statutes is amended to read:

60.63 (11) A determination made under sub. (10) shall be made after a hearing before the town board. The town shall provide at least 30 days' notice to the licensed adult family home or the community living arrangement that such a hearing will be held. At the hearing, the licensed adult family home or the licensed adult family home or the community living arrangement may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The town board may call witnesses and may issue subpoenas. All witnesses shall be sworn by the town board. The town board shall take notes of the testimony and shall mark and preserve all exhibits. The town board may, and upon request of the licensed adult family home or the community living arrangement shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the town. Within 20 days after the hearing, the town board shall deliver to the licensed adult family home or the community living arrangement its written determination stating the reasons therefor. The determination shall be a final determination.

Note: Corrects error in transcribing 1993 Wis. Act 327.

417,36 Section 36 . 70.113 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

70.113 (1) As soon after April 20 of each year as is feasible the department of natural resources shall pay to the city, village, or town treasurer the sum of 80 cents per acre as a grant out of the appropriation made by s. 20.370 (5) (da) and (dq) on each acre situated in the municipality of state forest lands, as defined in s. 28.02 (1), state parks under s. 27.01 and state public shooting, trapping or fishing grounds and reserves or refuges operated thereon, acquired at any time under s. 23.09 (2) (d), 29.10, 1943 stats., s. 23.09 (2) (d) or 29.571 (1) or from the appropriations made by s. 20.866 (2) (tp) by the department of natural resources or leased from the federal government by the department of natural resources.

Note: Amends cross-references consistent with current style.

417,37 Section 37. The amendment of 70.337 (7) of the statutes by 1995 Wisconsin Act 113 is not repealed by 1995 Wisconsin Act 136. Both amendments stand.

Note: There is no conflict of substance.

417,38 Section 38 . 71.47 (1di) (b) 3. of the statutes is amended to read:

71.47 (1di) (b) 3. Partnerships, limited liability companies and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and amount of, that credit shall be determined on the basis of their economic activity, not that of their shareholders, partners or members. The corporation, partnership or limited liability company shall compute the amount of the credit that may be claimed by each of its shareholders, partners or members and shall provide that information to each of its shareholders or, partners or members. Partners, members of limited liability companies and shareholders of tax-option corporations may claim the credit based on the partnership's, company's or corporation's activities in proportion to their ownership interest and may offset it against the tax attributable to their income from the partnership's, company's or corporation's business operations in the development zone and against the tax attributable to their income from the partnership's, company's or corporation's directly related business operations.

Note: Corrects error in transcribing 1993 Wis. Act 112.

417,39 Section 39 . 75.521 (14a) of the statutes is amended to read:

75.521 (14a) Damages. Any person who was the owner of any right, title or interest in land which was lost by judgment of foreclosure as provided in this section may within 2 years from the date of entry of such judgment, in the cases hereinafter mentioned other than fraud and within 6 years in the case of fraud, commence an action in the circuit court against the county to recover the fair market value of the person's interest therein at the date of entry of said judgment of foreclosure in rem. If the court determines that such person's right, title and interest in said land was unjustly foreclosed and lost because said person's interest in such lands was not subject to taxation, special assessment, special charge or special tax at the time of the levy of the tax, assessment or charge, for nonpayment of which said lands were foreclosed, or that in fact such tax, special assessment, special charge or special tax was paid by said owner, or that the tax lien upon which the judgment of foreclosure in rem was based was barred by the statute of limitations, or if such person lost said property through fraud without fault on his or her part, the court shall determine the fair market value of said land or of said person's interest therein as hereinabove set forth. The fair market value shall not exceed the amount arrived at by dividing the assessed valuation of such lands in the year in which such judgment in rem was entered by the percentage ratio of real estate assessments prevailing for the taxing district in which the lands were located as set forth in the equalization for state tax purposes of the same year. The court shall award judgment to such plaintiff in such amount, together with a reasonable attorney fees to be fixed by the court, and the plaintiff's costs and disbursements of such action. The amount awarded the plaintiff shall be reduced by the total amount due, as of the date of entry of such judgment, for all current taxes and upon all tax certificates held by the county on such date that the court shall find were valid. Upon payment of the judgment the county may charge back as a tax to any taxing district the amount which such district received from the county in payment of taxes and interest on said land either by distribution of proceeds of sale thereof by the county or through other payment by the county to the extent that it exceeds the amount distributable to such district had the same been based upon the payment of the taxes and interest found by the court to be properly payable at the time of the entry of the judgment of foreclosure and applied in reduction of the amount awarded to the plaintiff hereunder.

Note: Deletes superfluous word.

417,40 Section 40 . 90.02 (1m) (a), (b), (c) and (f) of the statutes, as affected by 1995 Wisconsin Act 41, are amended to read:

90.02 (1m) (a) A fence of strong woven wire not less than twenty-six 26 inches wide with 3 barbed wires or 3 high tensile wires above.

(b) A fence of strong woven wire not less than thirty 30 inches wide with 2 barbed wires or 2 high tensile wires above.

(c) A fence of strong woven wire not less than forty-six 46 inches wide with one barbed wire or one high tensile wire above.

(f) A fence of 2 boards with 3 barbed wires or 3 high tensile wires above, firmly fastened to sufficient posts well set not more than eight 8 feet apart, the space between the boards to be not more than six 6 inches.

Note: Replaces word form of numbers with digits for conformity with current style.

417,41 Section 41 . 101.143 (1) (ad) of the statutes is amended to read:

101.143 (1) (ad) “Bodily injury" does not include those liabilities which are excluded from coverage in liability insurance policies for bodily injury other than liabilities excluded because they are caused by a petroleum project product discharge from a petroleum product storage system.

Note: Inserts correct word.

417,42 Section 42 . 102.01 (1) (em) of the statutes, as created by 1995 Wisconsin Act 117, is renumbered 102.01 (2) (eg).

Note: Section 102.01 (1) (em), as created by 1995 Wis. Act 117, is a definition. Section 102.01 (2), and not sub. (1), contains a list of definitions.

417,43 Section 43 . The amendment of 102.07 (14) of the statutes by 1995 Wisconsin Act 24 is not repealed by 1995 Wisconsin Act 96. Both amendments stand.

Note: There is no conflict of substance.

417,44 Section 44 . 106.115 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3699, is amended to read:

106.115 (1) (a) The job training partnership act, 29 USC 101 1501 to 1792b, including the employment and education programs provided under ss. 106.11 and 106.15.

Note: 1995 Wisconsin Act 27, section 3699, replaced “1501" with “101" without strikes or underscores. No change was intended.

417,45 Section 45 . 108.04 (17) (d) of the statutes is amended to read:

108.04 (17) (d) A school year employe of an educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for an educational institution in the first such year or term and there is a reasonable assurance that he or she will perform such services for an educational institution in the 2nd such year or term.

Note: Corrects error in transcribing 1993 Wis. Act 373.

417,46 Section 46 . 108.18 (4) (figure) Schedule C, line 16 of the statutes is amended to read:

108.18 (4) (figure) Schedule C, line 16:

16. At least 0 but under 3.5%   5.00 4.00

Note: Corrects error in transcribing 1989 Wis. Act 77.

417,47 Section 47 . The amendment of 119.25 (2) of the statutes by 1995 Wisconsin Act 32 is not repealed by 1995 Wisconsin Act 75. Both amendments stand.

Note: There is no conflict of substance.

417,48 Section 48 . 125.12 (2) (ag) 5. of the statutes is amended to read:

125.12 (2) (ag) 5. The person has been convicted of manufacturing or delivering a controlled substance under s. 161.41 (1); of possessing, with intent to manufacture or deliver, a controlled substance under s. 161.41 (1m); or of possessing, with intent to manufacture or deliver, or of manufacturing or delivering a controlled substance under s. 161.41 (1m); or of possessing, with intent to manufacture or deliver, or of manufacturing or delivering a controlled substance under a substantially similar federal law or a substantially similar law of another state.

Note: Corrects error in transcribing 1993 Wis. Act 98.

417,49 Section 49 . 127.07 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 42, is amended to read:

127.07 (2) (a) A Class A grain dealer that does not meet the financial standards under s. 127.067 (1).

Note: Inserts missing word.

417,50 Section 50 . 127.07 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 42, is amended to read:

127.07 (5) (b) If a grain dealer has operated as a grain dealer for less than one year, the grain dealer shall file and maintain security in an amount specified by the department. The department shall specify an amount that is equal to the amount that the department projects to be the dollar amount of the grain dealer's monthly average grain purchases during the 3 months in which the grain dealer is likely to make the largest monthly purchases from producers during the following 12 months, multiplied by the percentage under par. (a) 3. a. or, beginning on September 1, 1996, under par. (a) 4. 3. b.

NOTE: The underscored language indicates the correct cross-references.

417,51 Section 51 . 134.80 of the statutes is amended to read:

134.80 Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of health and social services administration under s. 16.385.

Note: Corrects reference. The energy assistance program administered by the department of health and social services was transferred to the department of administration by 1995 Wis. Act 27 which renumbered s. 49.80 to be s. 16.385.

417,52 Section 52 . 144.95 (2) (title) of the statutes is amended to read:

144.95 (2) (title) Coordination with department of health and social services agriculture, trade and consumer protection.

Note: Conforms subsection title to the text.

417,53 Section 53 . 145.08 (2) of the statutes is amended to read:

145.08 (2) No license or registration may be issued for longer than 2 years. Any license or registration may be renewed upon application made prior to the date of expiration. The department may renew licenses or registrations upon application made after the date of expiration if it is satisfied that the applicant has good cause for not applying for renewal prior to the date of expiration and upon payment of the renewal and additional fees prescribed.

Note: Corrects error in transcribing 1993 Wis. Act 322.