SB436: Bill Text

SB436,28,13 20.505 (4) (o) National and community service board; federal aid for administration. From the moneys received from the corporation for national and community service under the national and community service trust act of 1993, P.L. 103-82 42 USC 12542 (a) and 12571 (a), as a continuing appropriation, the amounts in the schedule for the administration of the national and community service program under s. 16.22.

Note: Inserts United States Code citations.

SB436, s. 68 Section 68. 20.525 (1) (d) of the statutes is amended to read:

SB436,28,19 20.525 (1) (d) Disability board. Such sums as are necessary for 1) the disability board to make payment for the service of process or other papers, certified copies of papers and records, standard witness fees and expert witness fees,; and 2) to supplement existing appropriations for the purpose of making the compensation payments required under s. 20.925.

Note: Conforms provision to current drafting style.

SB436, s. 69 Section 69. 20.923 (4) (c) 1m. of the statutes is repealed.

Note: 1995 Wis. Act 27 repeals s. 20.923 (4) (c) 1m., 4. and 5. and amends s. 20.923 (4) (c) 3. Act 27 does not treat 20.923 (4) (c) in its entirety. Act 27, section 9427 (1), provides that the treatment of s. 20.923 (4) (c) is effective 7-1-96 without specifying the applicable subdivision of s. 20.923 (4) (c). Section 9459 (7) provides a delayed effective date of 7-1-96 for the treatments of subds. 3. and 5. Section 9427 (1) relates to the elimination of the higher educational aids board, making it effective on 7-1-96. Section 20.923 (4) (c) 4. relates to the position of higher educational aids board, executive secretary. Section 20.923 (4) (c) 1m. relates to the position of cost containment commission, staff director. The cost containment commission is eliminated by the repeal of s. 15.195 (10) by Act 27, effective the day after publication of Act 27. The immediate repeal of s. 20.923 (4) (c) 1m. and the creation and subsequent repeal, effective 7-1-96, of s. 20.923 (4) (c) 4. by this bill are made for the purpose of clarifying that the repeal of subd. 4. and not the repeal of subd. 1m. was intended to take effect on 7-1-96.

SB436, s. 70 Section 70. 20.923 (4) (c) 4. of the statutes is created to read:

SB436,29,2 20.923 (4) (c) 4. Higher educational aids board: executive secretary.

Note: See the note to the treatment of s. 20.923 (4) (c) 1m. by this bill.

SB436, s. 71 Section 71. 20.923 (4) (c) 4. of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

Note: See the note to the treatment of s. 20.923 (4) (c) 1m. by this bill.

SB436, s. 72 Section 72. 20.923 (4) (e) 4. of the statutes is amended to read:

SB436,29,7 20.923 (4) (e) 4. Industry, labor and human relations, department of: labor and industry review commission: member and chairman chairperson.

Note: Replaces gender specific language.

SB436, s. 73 Section 73. 24.11 (4) of the statutes is amended by replacing "incumbrances" with "encumbrances".

Note: Inserts preferred spelling.

SB436, s. 74 Section 74. 27.065 (1) (a) of the statutes is amended by replacing "land is situate" with "land is situated".

Note: Changes form of word.

SB436, s. 75 Section 75. 29.06 (1) of the statutes is renumbered 29.06 (1) (a) and amended to read:

SB436,30,11 29.06 (1) (a) All confiscated wild animals, or carcasses or parts thereof, 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 such all sales under this subsection, after deducting the expense of seizure and sale and any such commissions and any amounts owing to holders of security interests under par. (b) or (c), shall be promptly remitted, by the warden by whom or under whose authority and supervision the sales are made, to the department; the. The remittance to shall be accompanied by a complete and certified report of such the sales made under this subsection, supported by proper vouchers covering all deductions made for expenses and commissions, to and shall be filed with the department. Of the remittance from such 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.

SB436,31,4 (b) 1. In the case of the proceeds from the sale of a confiscated motor vehicle if the holder of a security interest perfected by filing with such motor vehicle as security, satisfies (and the burden of proof shall be upon the holder of a security interest) the court, or after judgment of confiscation, the department, that the violation that led to such confiscation was not with his or her knowledge, consent or connivance or with that of some person employed or trusted by the holder of a security interest, there shall also be deducted the amount due under the security agreement from the proceeds of such sale and the amount due shall be paid to the one entitled; in case a sufficient amount does not remain for such purpose after the other deductions then the amount remaining shall be paid. The, the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists, and. The department shall, within 10 days after obtaining actual or constructive notice of such a 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 the court or the judge pertaining to such the confiscation and shall also give such secured party at least 10 days' notice of the time and place of sale of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing. In all such cases the

SB436,31,8 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.

SB436,31,10 (c) The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor vehicles under this subsection.

SB436,31,15 (d) 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. Such In that case, the deer carcass shall be released free of charge to the motor vehicle operator under s. 29.40 (5) by the department or its agent, but shall be retained by the department or its agent if the motor vehicle operator declines to accept the carcass.

Note: Subdivides provision, reorganizes text, deletes parentheses and replaces language for greater readability and conformity with current style.

SB436, s. 76 Section 76. 29.06 (1) (b) 3. of the statutes is created to read:

SB436,32,4 29.06 (1) (b) 3. a. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, satisfies the court, or after judgment of confiscation, 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.

SB436,32,6 b. The burden of proof to satisfy the court or department under subd. 3. a. shall be upon the holder of the security interest.

Note: See the note to the previous section of this bill.

SB436, s. 77 Section 77. 29.15 (3) of the statutes is amended to read:

SB436,32,12 29.15 (3) Issuance. The Great Lakes trout and salmon stamp shall be issued subject to s. 29.09 by the department or a county clerk to any person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (7), 29.145 (1c) to (2), or 29.146 or a sports license under s. 29.147. The department shall design and produce Great Lakes trout and salmon stamps as provided under s. 29.09 (13).

Note: Corrects punctuation.

SB436, s. 78 Section 78. 29.157 of the statutes is amended by replacing "ch. 277" with "ch. 227".

Note: Corrects cross-reference. Chapter 227 governs rule making. There is no ch. 277.

SB436, s. 79 Section 79. 30.27 (2) of the statutes is renumbered 30.27 (2) (a) (intro.) and amended to read:

SB436,33,2 30.27 (2) (a) (intro.) As soon as possible after May 7, 1974, the department shall adopt, by rule, guidelines and specific standards for local zoning ordinances which apply to the banks, bluffs and bluff tops of the lower St. Croix river. The guidelines shall designate the boundaries of the areas to which they apply. In drafting such the guidelines and standards, the department shall consult with appropriate officials of counties, cities, villages and towns lying within the affected area. The standards specified in the guidelines shall include, but not be limited to: a), the prohibition following:

SB436,33,5 1. Prohibition of new residential, commercial and industrial uses, and the issuance of building permits therefor, where such uses are inconsistent with the purposes of this section, and b) the establishment.

SB436,33,8 2.Establishment of acreage, frontage and setback requirements where compliance with such requirements will result in residential, commercial or industrial uses which are consistent with the purposes of this section. Such

SB436,33,16 (b) The standards established under par. (a) shall be consistent with but may be more restrictive than any pertinent guidelines and standards promulgated by the secretary of the interior under the wild and scenic rivers act. If it appears to the department that the purposes of this section may be thwarted or the wild, scenic or recreational values of the river adversely affected prior to the implementation of rules under this section, the department may exercise its emergency rule-making authority under s. 227.24, and such rules shall be effective and implemented and enforced under sub. (3) until permanent rules are implemented under sub. (3).

Note: Subdivides provision and replaces language consistent with current style.

SB436, s. 80 Section 80. 30.38 (13) (a) of the statutes is amended to read:

SB436,34,2 30.38 (13) (a) All moneys appropriated to a board of harbor commissioners, all revenues derived from the operation of the public harbor except (in the case of a joint harbor) revenue from joint improvements before division thereof, and all other revenues of the board shall be paid into the municipal treasury and credited to the harbor fund, except that revenues assigned or pledged under s. 30.35 (6) or 66.521 shall be paid into the fund or funds provided for in the ordinance or resolution authorizing the issuance of the bonds and shall be applied in accordance with that ordinance or resolution.

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 81 Section 81. 32.19 (4) (a) 1m. of the statutes is renumbered 32.19 (4) (a) 1m. (intro.) and amended to read:

SB436,34,17 32.19 (4) (a) 1m. (intro.) In the case of a person displaced from a mobile home site who meets one of the conditions under subd. 1m. a., b. or c., the amount, if any, which when added to the trade-in or salvage value of the mobile home equals the reasonable cost of a comparable mobile home which is decent, safe and sanitary, plus an amount equal to 48 times the difference between the monthly rent being paid for the site on which the mobile home is located and the monthly rent for a comparable mobile home site or the amount necessary to enable the displaced person to make a down payment on the purchase of a comparable mobile home site, provided that the. If a comparable mobile home dwelling is not available, the replacement housing payment shall be calculated on the basis of the next highest type of mobile home or a conventional dwelling that is available and meets the requirements and standards for a comparable dwelling. The owner of a mobile home shall be eligible for such payments only if under this subdivision if one of the following conditions is met:

SB436,34,19 a) the. The mobile home is not considered to be a decent, safe and sanitary dwelling unit; or.

SB436,34,21 b) the. The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost; or.

SB436,35,2 c) there. There are no adequate or available replacement sites to which the mobile home can be moved. If a comparable mobile home dwelling is not available, the replacement housing payment shall be calculated on the basis of the next highest type of mobile home or a conventional dwelling that is available and meets the requirements and standards for a comparable dwelling.

Note: Subdivides provision, reorganizes text, and replaces language for greater readability and conformity with current style.

SB436, s. 82 Section 82. 32.19 (4m) (a) 1. of the statutes is amended to read:

SB436,35,7 32.19 (4m) (a) 1. The amount, if any, which when added to the acquisition cost of the property (,other than any dwelling on the property), equals the reasonable cost of a comparable replacement business or farm operation for the acquired property, as determined by the condemnor.

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 83 Section 83. 32.195 (6) of the statutes is renumbered 32.195 (6) (intro.) and amended to read:

SB436,35,11 32.195 (6) (intro.) Reasonable net rental losses where when all of the following are true:

SB436,35,13 (a) the The losses are directly attributable to the public improvement project and.

SB436,35,15 (b) such The losses are shown to exceed the normal rental or vacancy experience for similar properties in the area.

Note: Subdivides provision and replaces language consistent with current style.

SB436, s. 84 Section 84. 36.25 (35) of the statutes is amended by replacing "state board of vocational, technical and adult education" with "technical college system board".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 85 Section 85. 36.33 (2) of the statutes is renumbered 36.33 (2) (a) (intro.) and amended to read:

SB436,36,3 36.33 (2) (a) (intro.) The board, in selling or leasing any part of the agricultural lands and improvements thereon, mentioned in sub. (1), shall sell or lease on the basis of either a) public of the following:

SB436,36,5 1. Public bids, with the board reserving the right to reject any or all bids in the best interest of the state, or b) negotiated.

SB436,36,6 2. Negotiated prices.

SB436,36,11 (b) Notwithstanding any provisions of law to the contrary, the lands in Dane county mentioned in sub. (1) shall be subject to special assessments for public improvements by the city of Madison, in the same manner and to the same extent as privately owned lands, if such the public improvements are of direct and substantial benefit to such portions as the lands that have been platted for sale.

Note: Subdivides provision and replaces language consistent with current style.

SB436, s. 86 Section 86. 38.28 (7) (a) 2. a. of the statutes is amended by replacing "vocational, technical and adult education" with "technical college".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 87 Section 87. 40.04 (3) (a) of the statutes is amended to read:

SB436,37,4 40.04 (3) (a) All earnings, profits or losses of the fixed retirement investment trust and the net gain or loss of the variable retirement investment trust shall be distributed annually on December 31 to each participating account in the same ratio as each account's average daily balance within the respective trust bears to the total average daily balance of all participating accounts in that trust. For the fixed retirement investment trust the amount to be distributed shall be the then balance of the current income account plus 20% of the then balance of the transaction amortization account. For the variable retirement investment trust the amount to be distributed shall be the excess of 1) the increase within the period in the value of the assets of the trust resulting from income from the investments of the trust and from the sale or appreciation in value of any investment of the trust, over 2) the decrease within the period in the value of the assets resulting from the sale or the depreciation in value of any investments of the trust.

Note: Deletes subdivision designations which are not consistent with current style.

SB436, s. 88 Section 88. 40.04 (5) (c) of the statutes is amended to read:

SB436,37,9 40.04 (5) (c) Debited the aggregate excess of 1) the amount of each single sum benefit or in the case of an annuity the present value of the annuity over 2) the amount equal to the accumulated credits of the participant in the employe accumulation reserve applied to provide for the benefit or annuity.

Note: Deletes subdivision designations which are not consistent with current style.

SB436, s. 89 Section 89. 40.23 (2) (a) of the statutes is amended to read:

SB436,37,19 40.23 (2) (a) The annuity which can be provided from a sum equal to 200% of the excess accruing after June 30, 1966, for teacher participants, or December 31, 1965, for all other participants, of 1) the participant's required contribution accumulation reserved for a variable annuity over 2) the amount to which the contributions would have accumulated if not so reserved. If item 1) the participant's required contribution accumulation reserved for a variable annuity is less than item 2) the amount to which the contributions would have accumulated if not so reserved, the annuity shall be reduced by the amount which could be provided by a sum equal to 200% of the deficiency.

Note: Inserts commas and replaces cross-references for greater readability and conformity with current style.

SB436, s. 90 Section 90. 41.41 (8) of the statutes, as affected by 1995 Wisconsin Act 27, s. 279, is amended by replacing "62.324" with "62.234".

Note: Corrects cross-reference. Section 62.234 governs construction site erosion. There is no s. 62.324.

SB436, s. 91 Section 91. 43.24 (1) (b) 1. of the statutes is amended to read:

SB436,38,5 43.24 (1) (b) 1. The total amount calculated for all systems in the state, as determined under par. (a), shall be subtracted from the amount remaining for public library systems in the appropriation under s. 20.255 (1) (3) (e) after such aids have been calculated.

Note: Section 20.255 (1) (e) was renumbered s. 20.255 (3) (e) by 1995 Wis. Act 27.

SB436, s. 92 Section 92. 44.60 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,38,9 44.60 (4) At the request of the board, the department of development tourism shall assist the board in evaluating proposed projects under this section.

Note: 1995 Assembly Bill 150, which was adopted as 1995 Wis. Act 27, showed "tourism" as underscored and "development" as stricken. The strikes and underscores were inadvertently deleted from Act 27 as it was finally printed.

SB436, s. 93 Section 93. 46.03 (3) of the statutes is amended to read:

SB436,38,16 46.03 (3) Trustee duty. Take and hold in trust (,whenever it deems considers acceptance advantageous), all property transferred to the state to be applied to any specified purpose, use or benefit pertaining to any of the institutions under its control or the inmates thereof, and apply the same in accordance with the trust; and when ordered by the court, act as trustee of funds paid for the support of any child if appointed by the court or family court commissioner under s. 767.475 (7).

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 94 Section 94. 46.03 (7) (b) of the statutes is amended to read: