SB675: Bill Text

SB675,6,12 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.

SB675, s. 13 Section 13. 27.065 (3) of the statutes is amended to read:

SB675,7,4 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.

SB675, s. 14 Section 14. 29.05 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB675,8,2 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.

SB675, s. 15 Section 15. 29.52 (4) (d) of the statutes is amended to read:

SB675,8,8 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.

SB675, s. 16 Section 16. 32.05 (9) (a) 2. of the statutes is amended to read:

SB675,8,15 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.

SB675, s. 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).

SB675, s. 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.

SB675, s. 19 Section 19. 46.215 (1m) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:

SB675,9,10 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.

SB675, s. 20 Section 20. 46.22 (1) (dm) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:

SB675,9,22 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.

SB675, s. 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.

SB675, s. 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.

SB675, s. 23 Section 23. 48.30 (9) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB675,10,9 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.

SB675, s. 24 Section 24. 49.027 (2) (a) 1. b. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB675,10,15 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.

SB675, s. 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:

SB675,11,6 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.

SB675, s. 26 Section 26. 49.45 (2) (a) 1. of the statutes is amended to read:

SB675,11,10 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).

SB675, s. 27 Section 27. 49.45 (2) (a) 2. of the statutes is amended to read:

SB675,11,14 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).

SB675, s. 28 Section 28. 49.45 (2) (a) 3. of the statutes is amended to read:

SB675,11,19 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).

SB675, s. 29 Section 29. 49.45 (2) (a) 4. of the statutes is amended to read:

SB675,12,4 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).

SB675, s. 30 Section 30. 49.45 (2) (a) 5. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB675,12,8 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).

SB675, s. 31 Section 31. 49.45 (2) (a) 6. of the statutes is amended to read:

SB675,12,11 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).

SB675, s. 32 Section 32. 51.42 (3) (as) 1. of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, is amended to read:

SB675,13,17 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.

SB675, s. 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.

SB675, s. 34 Section 34. 51.437 (4r) (b) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:

SB675,14,8 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.

SB675, s. 35 Section 35. 60.63 (11) of the statutes is amended to read:

SB675,15,2 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.

SB675, s. 36 Section 36. 70.113 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB675,15,13 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.

SB675, s. 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.

SB675, s. 38 Section 38. 71.47 (1di) (b) 3. of the statutes is amended to read:

SB675,16,8 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.

SB675, s. 39 Section 39. 75.521 (14a) of the statutes is amended to read:

SB675,17,17 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.

SB675, s. 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:

SB675,17,21 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.

SB675,17,23 (b) A fence of strong woven wire not less than thirty 30 inches wide with 2 barbed wires or 2 high tensile wires above.

SB675,18,2 (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.

SB675,18,5 (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.

SB675, s. 41 Section 41. 101.143 (1) (ad) of the statutes is amended to read:

SB675,18,10 101.143 (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.

SB675, s. 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.

SB675, s. 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.