1997 Wisconsin Act 35

Note: 1995 Wis. Act 225 deleted “a) or b)" without showing it as stricken. The change was intended.

35,388 Section 388 . The treatment of 281.53 (1) of the statutes, as renumbered, by 1995 Wisconsin Act 227, section 399, is not repealed by 1995 Wisconsin Act 378, section 44. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 281.53 (1) by 1995 Wisconsin Act 227.

35,388m Section 388m. 283.13 (3) (d) of the statutes is amended to read:

283.13 (3) (d) No modification for toxic pollutants. Notwithstanding pars. (a) and (b), the department may not modify any requirement of this subsection or sub. (2) applicable to any toxic pollutant which is on the list promulgated under s. 283.33 283.21 (1).

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,389 Section 389 . 285.01 (6) of the statutes, as affected by 1995 Wisconsin Act 227, is renumbered 285.01 (9m).

Note: Alphabetizes definitions consistent with current style.

35,389m Section 389m. 285.21 (1) (a) of the statutes is reenacted to read:

285.21 (1) (a) Similar to federal standard. If an ambient air quality standard is promulgated under section 109 of the federal clean air act, the department shall promulgate by rule a similar standard but this standard may not be more restrictive than the federal standard except as provided under sub. (4).

Note: Corrects error in transcribing 1995 Wis. Act 227. The wrong paragraph was inadvertently inserted into the statutes.

35,390 Section 390 . 285.60 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 4310, and 1995 Wisconsin Act 227, section 485, is amended to read:

285.60 (2) (a) Operation permit requirement. Except as provided in sub. (6) or s. 285.62 (8), no person may operate an existing source after the operation permit requirement date specified under s. 285.62 (11) (a) unless the person has an operation permit under s. 144.3925 285.62 from the department.

Note: Inserts correct cross-reference. The prior reference was inserted by 1995 Wis. Act 27 and was not taken into account by 1995 Wis. Act 227.

35,391 Section 391 . The treatment of 285.62 (8) of the statutes, as renumbered, by 1995 Wisconsin Act 27, section 4312, is not repealed by 1995 Wisconsin Act 227, section 487. Both treatments stand.

Note: There is no conflict of substance. 1995 Wis. Act 227 stated that the treatment of this provision by that act was as affected by 1995 Wis. Act 27, but it was not. This provision was renumbered to s. 285.62 (8) by Act 227.

35,392 Section 392 . The treatment of 285.69 (2) (b) of the statutes, as renumbered, by 1995 Wisconsin Act 27, section 4316, is not repealed by 1995 Wisconsin Act 227, section 496. Both treatments stand.

Note: There is no conflict of substance. 1995 Wis. Act 227 stated that the treatment of this provision by that act was as affected by 1995 Wis. Act 27, but it was not. This provision was renumbered to s. 285.69 (2) (b) by Act 227.

35,393 Section 393 . The amendment of 287.01 (9) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 601, is not repealed by 1995 Wisconsin Act 227, section 885. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 287.01 (9) by 1995 Wis. act 227.

35,393m Section 393m. 289.10 (title) of the statutes is amended to read:

289.10 (title) County solid waste management plans.

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,394 Section 394 . 289.24 (4) (title) of the statutes is created to read:

289.24 (4) (title) Distribution.

Note: The other subsections of s. 289.24 have titles.

35,395 Section 395 . 289.33 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 201, section 596, and 1995 Wisconsin Act 227, section 626, is amended to read:

289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (13), (14), (15), (19), (20),(51), (52) and (53) (23) , 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), and (26), (28), (30), (31), (32) and (33) 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8), 87.30, 91.73, 196.58, 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.

Note: 1995 Wis. Act 201 renumbered the provisions of ch. 59. The cross-references in this provision were amended according to the original draft of Act 201, but not all subsequent changes were accounted for.

35,396 Section 396 . The treatment of 289.41 (1m) (b) 1. of the statutes, as renumbered, by 1995 Wisconsin Act 227, section 588, is not repealed by 1995 Wisconsin Act 377, section 1. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 289.41 (1m) (b) 1 by Act 227.

35,397 Section 397 . The amendment of 289.43 (7) (c) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 595, is not repealed by 1995 Wisconsin Act 227, section 580. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 289.43 (7) (c) by Act 227.

35,397m Section 397m. 291.23 (title) of the statutes is amended to read:

291.23 (title) Transportation Licenses; transportation.

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,398 Section 398 . 292.11 (9) (d) 1. d. of the statutes, as affected by 1995 Wisconsin Act 227, section 707, is amended to read:

292.11 (9) (d) 1. d. “Registered" means registered under the federal insecticide, fungicide, and rodenticide act, as amended (7 USC 136 et. seq.), and regulations issued under that act or registered under the rules of the department of agriculture, trade and consumer protection.

Note: Deletes unnecessary period.

35,398m Section 398m. 293.13 (title) of the statutes is amended to read:

293.13 (title) Department powers duties.

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,399 Section 399 . The amendment of 295.13 (1) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 598, is not repealed by 1995 Wisconsin Act 227, section 803. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 295.13 (1) by 1995 Wis. Act 227.

35,400 Section 400 . The amendment of 295.13 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 225, section 411, is not repealed by 1995 Wisconsin Act 227, section 803. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 295.13 (2) by 1995 Wis. Act 227.

35,401 Section 401 . 299.95 of the statutes, as affected by 1995 Wisconsin Act 227, section 829, and 1995 Wisconsin Act 290, section 12, is amended to read:

299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss., and 144.783 281.48, 285.57 and, 285.59 and 299.64, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss., and 144.783 281.48, 285.57 and, 285.59 and 299.64. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

Note: This bill renumbers s. 144.783 to s. 299.64. References in this provision to “this chapter" were changed by 1995 Wis. Act 227 to “chs. 281 to 285 and 289 to 295 and this chapter" to reflect the replacement of ch. 144 with several new chapters. The last reference was inadvertently retained.

35,402 Section 402 . 299.97 (1) of the statutes, as affected by 1995 Wisconsin Act 227, section 830, and 1995 Wisconsin Act 290, section 14, is amended to read:

299.97 (1) Any person who violates this chapter, except s. 144.78 (2), 144.783 (2), 299.15 (1), 299.51 (4) (b) or, 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

Note: This bill renumbers ss. 144.78 and 144.783 to ss. 299.62 and 299.64.

35,403 Section 403 . 301.03 (10) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, county departments under s. ss. 46.215, 46.22 and 46.23 and licensed child welfare agencies and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to children juveniles who have been adjudicated delinquent.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938.

35,404 Section 404 . 301.03 (10) (g) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

301.03 (10) (g) Keep statistics, by race, age and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938 waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3).

Note: Inserts missing word.

35,405 Section 405 . The amendment of 301.031 (1) (a) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 225. Both amendments stand.

Note: There is no conflict of substance.

35,406 Section 406 . 301.20 of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.20 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems considers necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed under the supervision of the department under s. 938.34 (4h) or (4m). All laws pertaining to the care of children juveniles received under s. 938.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 938.52.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938.

35,407 Section 407 . 301.26 (4) (bm) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (bm) Notwithstanding par. (b), the county department under s. 46.21, 46.22 or 46.23 of the county of residency of a child juvenile who has been adjudicated delinquent by a court of another county or by a court of another multicounty jurisdiction may voluntarily assume liability for the costs payable under par. (a). A county department may assume liability under this paragraph by a written agreement signed by the director of the county department that assumes liability under this paragraph and the director of the county department that is otherwise liable under par. (b).

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,408 Section 408 . 301.26 (4) (cm) 1. of the statutes, as affected by 1995 Wisconsin Acts 77 and 352, is amended to read:

301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child juvenile 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any child juvenile 10 years of age or over who has been placed in a juvenile correctional institution or a secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,409 Section 409 . 301.26 (4) (cm) 2. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.26 (4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,410 Section 410 . 301.26 (4) (e) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938.

35,411 Section 411 . 301.26 (4) (f) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (f) For services under s. 51.35 (3), payments made under par. (d) for services to children juveniles who are ineligible for medical assistance under subch. IV of ch. 49 and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (2) (gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938 and this section, as affected by 1995 Wis. Act 77.

35,412 Section 412 . 301.26 (7) (h) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 1996 and $1,062,400 in the first 6 months of 1997 for the provision of corrective sanctions services for children juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938.

35,413 Section 413 . 301.263 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children juveniles statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,414 Section 414 . The amendment of 301.37 (1) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 281. Both amendments stand.

Note: There is no conflict of substance.

35,414m Section 414m. 301.45 (6) (c) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (6) (c) Notwithstanding pars. (a) and (b), a person who first became subject to subs. (2) to (4) under 1995 Wisconsin Act 440 and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on May 30 31, 1997, shall be allowed until January 1, 1998, to comply with the requirements under subs. (2) to (4).

Note: Corrects error in transcribing 1995 Wis. Act 440.