1995 Wisconsin Act 417

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.

417,54 Section 54 . 146.82 (2) (a) 8. of the statutes is amended to read:

146.82 (2) (a) 8. To the department under s. 255.04. The release of a patient health care record under this subdivision shall be limited to the information prescribed by the department under s. 255.04 (2).

Note: Corrects error in transcribing 1993 Wis. Act 27.

NOTE: There is no s. 50.034 (4) (b). An early version of 1995 Wis. Act 27 divided s. 50.034 (4) into several paragraphs. As enacted in Act 27, s. 50.034 (4) was not divided into paragraphs, but the cross-reference in this provision was not changed accordingly.

417,55 Section 55 . 150.951 (a) and (b) of the statutes, as created by 1995 Wisconsin Act 27, are renumbered 150.951 (1) and (2).

Note: Renumbers provisions consistent with current drafting style.

417,56 Section 56 . 179.12 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

179.12 (6) Except as otherwise provided in this chapter or in the certificate of amendment, a certificate of amendment is effective on its filing in with the department.

Note: Replaces word consistent with the treatment of similar provisions by 1995 Wis. Act 27.

417,57 Section 57 . 179.16 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

179.16 (1) (b) File one duplicate original in with the department.

Note: Replaces word consistent with the treatment of similar provisions by 1995 Wis. Act 27.

417,58 Section 58 . 185.01 (3m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

185.01 (3m) “Department", except in s. 185.45 (3) (c) and (4) (d) (b), means the department of financial institutions.

NOTE: Inserts correct cross-reference. There is no s. 185.45 (4) (d). Section 185.45 (3) (c) and (4) (b) contains identical cross-references to “departments".

417,59 Section 59 . 186.235 (11) (p) 1. of the statutes, as affected by 1995 Wisconsin Act 151, section 264, is amended to read:

186.235 (11) (p) 1. The special deputy shall deposit unclaimed liquidating dividends and unclaimed funds remaining unpaid in the hands of the special deputy for 6 months after the order for final distribution in a corporate central credit union in the office of credit unions' name in trust for the shareholders and creditors of the liquidated credit union. The office of credit unions shall annually report to the governor and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) the names of credit unions of which the office has taken possession and liquidated, and the sums of unclaimed and unpaid liquidating dividends and unclaimed funds with respect to each of the credit unions and include a statement of interest earned upon those funds.

Note: Inserts missing word.

417,60 Section 60 . 191.09 (1) of the statutes is amended to read:

191.09 (1) Before the office. The provisions of ch. 195 relating to the subpoenaing of witnesses, the production of books, documents and papers, the administration of oaths, punishment for disobedience of an order of the office or of the commissioner of railroads, or of a subpoena, or for refusal of a witness to be sworn or to testify, witness fees, taking depositions, the keeping of a record of the proceedings, the taking of testimony, transcribing the evidence, or relating to the procedure before the office not inconsistent with this chapter shall apply to all proceedings under this chapter.

Note: Inserts correct word.

417,61 Section 61 . 198.06 (6) of the statutes is amended to read:

198.06 (6) Expenses of election, payment. All amounts properly incurred and actually expended by any municipality or the clerk thereof in publishing notices of any primary or election, in employing persons to conduct the election or in performing other duties imposed upon the municipality or upon the clerk thereof by any provision of this chapter shall be paid as other similar expenses of the municipality are paid and shall be a charge in favor of the municipality against the district to be repaid, together with interest thereon at the rate of six per cent 6% per year, upon the presentation of proper vouchers therefor by the clerk of the municipality to the district, when and as the district has funds available for that purpose.

Note: Replaces words with digits consistent with current style.

417,62 Section 62 . 215.21 (23) of the statutes is amended to read:

215.21 (23) False statement in loan applications; penalty. Any person who makes or causes to be made any false written statement to any state or federal savings and loan association for the purpose of obtaining a loan for himself or herself or for another, with intent to mislead, or which may mislead the association, may be imprisoned for not more than 6 months or fined not to exceed $1,000.

Note: Corrects error in transcribing 1993 Wis. Act 482.

417,63 Section 63 . 218.01 (6) (em) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

218.01 (6) (em) In the event that the dealer shall finance the instalment sale contract, the division of banking may permit the dealer to combine the information required by pars. (b) and (e) last above in one statement under such rules and regulations as the division of banking may from time to time prescribe.

Note: Inserts missing words.

417,64 Section 64 . 221.296 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

221.296 (1) A bank may invest amounts not to exceed, in the aggregate, that percentage of its capital and surplus established by the division under sub. (2) in partnership interests in farm operations. A bank may acquire a partnership interest in a farm operation with respect to which it is also a lender. The bank may only acquire a partnership interest in a farm operation as a limited partner. For purposes of calculating the bank's aggregate investment, the amount of each investment shall be established as of the date that the investment is made. Every transaction by a bank under this subsection shall require prior approval by the board of directors of the bank and shall be disclosed to the shareholders of the bank prior to each annual meeting of the shareholder shareholders.

Note: Corrects spelling.

417,65 Section 65 . 223.08 of the statutes is amended to read:

223.08 Name of corporation; penalty. The word “trust" shall form part of the name of every corporation organized under this chapter, but the word “bank" shall not be used as a part of the name. All persons, partnerships, associations, or corporations not organized under the provisions of this chapter, except state banks vested with trust powers under s. 221.04 (6) and nonprofit corporations organized for the advancement of historic preservation or for the protection of land for public conservation purposes, are prohibited from using the word “trust" in their business, or as a portion of the name or title of such person, partnership, association, or corporation. Any person who violates this section, either individually or as an interested party in any partnership, association, or corporation, may be fined not less than $300 nor more than $1,000 or imprisoned for not less than 60 days nor more than one year in the county jail or both.

Note: Corrects error in transcribing 1993 Wis. Act 490.

417,66 Section 66 . 223.105 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

223.105 (3) (a) To assure compliance with such rules as may be established under s. 220.03 220.04 (7) the division of banking, the office of credit unions and the division of savings and loan shall, at least once every 18 months, examine the fiduciary operations of each organization which is under its respective jurisdiction and is subject to examination under sub. (2). If a particular organization subject to examination under sub. (2) is not otherwise under the jurisdiction of one of the foregoing agencies, such examination shall be conducted by the division of banking.

Note: Inserts correct cross-reference. There is no s. 220.03 (7). Rule-making is authorized by s. 220.04 (7).

417,67 Section 67 . 224.03 of the statutes is amended to read:

224.03 Banking, unlawful, without charter; penalty. It shall be unlawful for any person, partnership, association, or corporation to do a banking business without having been regularly organized and chartered as a national bank, a state bank or a trust company bank. Any person or persons violating any of the provisions of this section, either individually or as an interested party in any partnership, association, or corporation shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than $300 nor more than $1,000 or imprisoned in the county jail for not less than 60 days nor more than one year or both.

Note: Corrects error in transcribing 1993 Wis. Act 490.

417,68 Section 68 . 253.12 (6) (a) of the statutes is amended to read:

253.12 (6) (a) If a local health officer submits to the department a written request for receipt of information submitted under sub. (2), the department shall forward to the local health officer an abstract of information received for an infant or child for whom the parent or guardian has provided informed, written consent to a release of the information and who resides in the area of jurisdiction of the public local health officer.

Note: Corrects error in transcribing 1993 Wis. Act 27.

417,69 Section 69 . 254.11 (8) of the statutes is amended to read:

254.11 (8) “Lead-bearing paint" means any paint or other surface coating material containing more than 0.06% lead by weight, calculated as lead metal, in the toal total nonvolatile content of liquid paint or more than 0.7 milligram of lead per square centimeter in the dried film of applied paint.

Note: Corrects spelling.

417,70 Section 70 . 254.74 (1m) (a) 2. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

254.74 (1m) (a) 2. The establishment seeking the waiver is in compliance with the requirements under s. 256.61 254.61 (1) (a) to (e).

Note: Inserts correct cross-reference. There is no s. 256.61. Section 254.61 sets forth requirements for a bed and breakfast establishment.

417,71 Section 71 . 301.26 (4) (b) of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, is amended to read:

301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. to 3m. and 4. Except as provided in pars. (bm), (c) and (cm), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183 (2) or 938.34 or the department of health and social services under s. 51.35 (3). Except as provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services and supplies provided by the department of corrections under ss. 48.366, 938.183 (2) and 938.34 and the department of health and family services under s. 51.35 (3).

Note: Inserts correct cross-reference. There is no s. 301.26 (4) (d) 2. Section 301.26 (4) (d) 3m. and 4. contain the provisions for assessments of costs.

417,72 Section 72 . 301.32 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

301.32 (1) Property delivered to steward; credit and debit. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a prisoner or resident shall be delivered to the steward, who shall enter the property upon his or her books to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

Note: 1995 Wis. Act 27 deleted “for" without showing it as stricken. No change was intended.

417,73 Section 73 . 350.11 (3) (a) (title) of the statutes is reenacted to read:

350.11 (3) (a) (title) Penalties related to prohibited operation of a snowmobile; intoxicants; refusal.

Note: This title was inadvertently deleted from the printed statutes.

417,74 Section 74 . 409.403 (5) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 27 is amended to read:

409.403 (5) (a) 3. A register of deeds shall forward $3 to the department for each original financing statement filed with the office of the register of deeds under subd. 1. and for each amendment and each continuation statement filed with the office of the register of deeds under subd. 2.

Note: The underscored language was inadvertently deleted by 1995 Wis. Act 27.

417,75 Section 75 . 560.61 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

560.61 (1) Make a grant or loan to an eligible recipient for a project that meets the criteria for funding under s. 560.605 (1) and (2) and under s. 560.62, 560.625, 560.63, 560.65 or 560.66, whichever is appropriate, from the appropriations under s. 20.143 (1) (c), (cb), (ie), (s) and (sb) (sm).

Note: Section 560.61 (1) relates to grants and loans from the Wisconsin development fund, the appropriations for which are under s. 20.143 (1) (c), (cb), (ie), (s) and (sm). There is no s. 20.143 (1) (sb).

417,76 Section 76 . 560.797 (3) (b) 9. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

560.797 (3) (b) 9. The person's plans to make available or provide day care center benefits, as defined in s. 71.07 (2dd) (a) 1., to each qualifying child individual, as defined in s. 71.07 (2dd) (a) 3. 5.

Note: Corrects terminology and cross-reference. An early version of 1995 Wis. Act 27 created the development zones day care credit at s. 71.07 (2dd) which contained a definition of “qualifying child" at s. 71.07 (2dd) (a) 3. Act 27, as enacted, replaced s. 71.07 (2dd) (a) 3. with s. 71.07 (2dd) (a) 5., which defines “qualifying individual".

417,77 Section 77 . 563.13 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 9123 (6pp), is amended to read:

563.13 (2) A sworn statement by the member designated as responsible for the proper utilization of gross receipts that no board commission or other fee, salary, profits, compensation, reward or recompense will be paid to any person or organization and that all profits will be spent as provided under s. 563.51 (8).

Note: 1995 Wis. Act 27, section 9123 (6pp), substituted “board" for “commission" each place it appears in ch. 563, for the purpose of effectuating the name change of the gaming commission to the gaming board. The change is inapplicable to this provision.

417,78 Section 78 . 569.04 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9123 (6pp), is amended to read:

569.04 (1) In accordance with an Indian gaming compact or with the regulations of or an agreement with the national Indian gaming board commission, the board shall certify and conduct background investigations of a person proposing to be an Indian gaming vendor and of employes of Indian tribes who are engaged in the conduct of gaming.

Note: 1995 Wis. Act 27, section 9123 (6pp), substituted “board" for “commission" each place it appears in ch. 569, for the purpose of effectuating the name change of the gaming commission to the gaming board. The change is inapplicable to the national Indian gaming board.

417,79 Section 79 . 613.74 (2) of the statutes is amended to read: