Note: Section 49.191 (1) (a) was renumbered from s. 49.50 (6e) (a) by
1995 Wis. Act
27. Section 49.50 (6e) (a) was repealed by
1995 Wis. Act 289, without taking into account
the treatment by Act 27. The repeal stands.
AB378,11,1711
20.445
(3) (dc)
Emergency assistance program. The amounts in the schedule
12for emergency assistance for families with needy children under s.
49.19 (11) (b) 1349.138. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may
14transfer funds between fiscal years under this paragraph. All funds allocated but not
15encumbered by December 31 of each year lapse to the general fund on the next
16January 1 unless transferred to the next calendar year by the joint committee on
17finance.
Note: Inserts correct cross-reference. Section 49.19 (11) (b) was renumbered to s.
49.138 by
1995 Wis. Act 289.
AB378,12,1020
20.445
(3) (df)
Employment and training programs. The amounts in the
21schedule for the learnfare program under s. 49.26 (1), the job opportunities and basic
22skills program under s. 49.193, the work experience and job training program under
1s. 49.36, the food stamp employment and training project under s. 49.124 (1m), the
2parental responsibility pilot program under s. 49.25
, paying child care costs under
3s. 49.191 (1) (a) and, with the approval of the department under s. 49.193 (8) (bm),
4for child care costs under s. 49.191 (1) (b) or (2) or 49.26 (1) (e). Moneys appropriated
5under this paragraph may be used to match federal funds received under par. (ps).
6Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds
7between fiscal years under this paragraph. All funds allocated by the department
8but not encumbered by December 31 of each year lapse to the general fund on the
9next January 1 unless transferred to the next calendar year by the joint committee
10on finance.
Note: Section 49.191 (1) (a) was renumbered from s. 49.50 (6e) (a) by
1995 Wis. Act
27. Section 49.50 (6e) (a) was repealed by
1995 Wis. Act 289, without taking into account
the treatment by Act 27. The repeal stands.
AB378,12,1613
20.566
(7) (v)
Investment and local impact fund. From the investment and local
14impact fund, all moneys received under s. 70.395 (1) (a), (1g) (b) and (2) (dc) and (dg),
15less the moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss.
1670.395 (2) (d) to (g), 293.33 (4) and
293.85 293.65 (5) (a).
Note: 1995 Wis. Act 227 renumbered s. 144.855 to s. 293.65. Act 227 amended the
cross-reference in this provision from s. 144.855 to s. 293.85. The intent was that the
cross-reference correspond with the renumbering.
AB378,13,419
20.575
(1) (g)
Program fees. The amounts in the schedule for the purpose of
20carrying out general program operations. Except as provided under par. (ka), all
21amounts received by the secretary of state, including fees under chs. 132 and 137 and
1all moneys transferred from the appropriation under s.
20.566 (4) 20.144 (1) (g), shall
2be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any
3unencumbered balance at the close of a fiscal year exceeding 10% of that fiscal year's
4expenditures under this appropriation shall lapse to the general fund.
Note: There is no s. 20.566 (4) (g). The original governor's budget provided for a
transfer to this appropriation under s. 20.566. That appropriation was changed to s.
20.144 in
1995 Wis. Act 27, as enacted, but this cross-reference was not changed
accordingly.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,14,213
20.866
(1) (u)
Principal repayment and interest. A sum sufficient from moneys
14appropriated under sub. (2) (zp) and ss. 20.190 (1) (c), (i) and (j), 20.225 (1) (c), 20.245
15(1) (e), (2) (e) and (j), (4) (e) and (5) (e), 20.250 (1) (e), 20.255 (1) (d), 20.285 (1) (d), (db),
16(fh), (ih) and (kd) and (5) (i), 20.320 (1) (c) and (t), 20.370 (7) (aa), (ac), (aq), (ar), (at),
17(ba), (ca), (cb), (cc), (cd), (ea) and (eq), 20.395 (6) (aq) and (ar), 20.410 (1) (e), (ec) and
18(ko) and (3) (e), 20.435 (2) (ee)
, and (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go) and
19(3) (t), 20.505 (5) (g) and (kc) and 20.867 (1) (a) and (b) and (3) (a), (b), (g), (h), (i) and
1(q) for the payment of principal and interest on public debt contracted under subchs.
2I and IV of ch. 18.
Note: 1995 Wis. Act 216 deleted the comma without showing it as stricken and
inserted "and" without showing it as underscored. The change was intended.
Note: There is no conflict of substance.
AB378, s. 39
5Section
39. 23.09 (20) (title) of the statutes is amended to read:
AB378,14,66
23.09
(20) (title)
Aid
Aids for the acquisition and development of local parks.
AB378,14,99
23.095
(1) (b) "Discharge" has the meaning given in s.
144.76 (1) (a) 292.01 (3).
Note: Inserts correct cross-reference. Section 144.76 (1) (a) was renumbered to
s. 292.01 (3) by
1995 Wis. Act 227.
AB378,14,1312
23.095
(1) (c) "Hazardous substance" has the meaning given in s.
144.01 (4m) 13285.01 (21).
Note: Section 144.01 (4m) was repealed by
1995 Wis. Act 227. An identical
definition of "hazardous substance" was created by Act 227 at s. 285.01 (21).
AB378,15,716
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
17court to recover forfeitures, penalty assessments, jail assessments, applicable
18weapons assessments, applicable environmental assessments, applicable wild
19animal protection assessments, applicable natural resources assessments,
20applicable fishing shelter removal assessments, applicable snowmobile registration
1restitution payments and applicable natural resources restitution payments for
2violations of ss. 77.09, 134.60,
144.783 (2), 167.10 (3), 167.31 (2), 281.48 (2) to (5),
3283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08
and, 287.81
and 299.64
4(2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any
5administrative rules promulgated thereunder, violations of rules of the Kickapoo
6reserve management board under s. 41.41 (7) (k) or violations of local ordinances
7enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.
Note: This bill renumbers s. 144.783 to s. 299.64.
Note: There is no conflict of substance.
AB378,15,1612
23.65
(1) When it appears to the district attorney that a violation of s. 134.60,
13144.783 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07,
14287.08
or, 287.81
or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any
15administrative rule promulgated pursuant thereto, has been committed the district
16attorney may proceed by complaint and summons.
Note: This bill renumbers s. 144.783 to s. 299.64.
AB378, s. 45
17Section
45. 25.156 (2m) of the statutes is amended to read:
AB378,15,2018
25.156
(2m) The investment board shall
employe employ an internal auditor,
19who shall serve outside the classified service. The board shall fix the compensation
20of the internal auditor.
Note: Corrects spelling.
Note: Renumbers paragraphs consistent with current style.
Note: There is no conflict of substance.
AB378,16,55
25.40
(2) (b) 15g. Section 20.445 (1)
(uy) (uz).
Note: This bill renumbers s. 20.445 (1) (uy) as affected by
1995 Wis. Act 113 to s.
20.445 (1) (uz).
AB378, s. 49
6Section
49. 27.12 (2) of the statutes is amended to read:
AB378,16,157
27.12
(2) For damages caused by want of repair. Neither the city nor any such
8private parties shall be liable for any damage resulting from insufficiency in such
9construction, maintenance or repair of any parks, parkways, boulevards or pleasure
10drives owned by the city and located outside of its limits; but the city may cause any
11of them or any part of either of them which is not in good repair, to be closed to the
12use of the public until the same shall be put in good repair. At conspicuous points
13along any such boulevard or pleasure drive a notice shall be placed at intervals not
14exceeding one mile, painted in large, plain letters, as follows: "Any person using this
15drive assumes all risk as to defects
therein".
AB378,17,818
29.06
(1) (a) All wild animals, or carcasses or parts thereof, that are confiscated
19by the department and all confiscated apparatus, appliances, equipment, vehicles or
20devices shall, if not destroyed as authorized by law, be sold at the highest price
21obtainable, by the department or its wardens, or by an agent on commission under
1the written authority and supervision of the department. The net proceeds of all
2sales under this subsection, after deducting the expense of seizure and sale and any
3commissions and any amounts owing to holders of security interests under par. (c)
4or (d), shall be promptly remitted, by the warden by whom or under whose authority
5and supervision the sales are made, to the department. The remittance shall be
6accompanied by a complete and certified report of the sales made under this
7subsection, supported by proper vouchers covering all deductions made for expenses
8and commissions, and shall be filed with the department.
AB378,17,129
(b) Of the remittance from the sales of confiscated apparatus, appliances,
10equipment, vehicles or devices, 18% shall be paid into the conservation fund to
11reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall
12be paid into the common school fund.
AB378,17,1913
(c) 1. In the case of the sale of a confiscated motor vehicle, the department shall
14make a reasonable effort, within 10 days after seizure, to ascertain if a security
15interest in the seized motor vehicle exists. The department shall, within 10 days
16after obtaining actual or constructive notice of any security interest in the seized
17motor vehicle, give the secured party notice of the time and place when there is to be
18any proceeding before a court pertaining to the confiscation of the motor vehicle.
19Constructive notice shall be limited to security interests perfected by filing.
AB378,17,2320
2. The time of sale of the confiscated motor vehicle shall be within 20 days after
21judgment of confiscation as provided in s. 29.05 (8). The department shall give each
22secured party discovered in accordance with subd. 1. at least 10 days' notice of the
23time and place of sale of the motor vehicle.
AB378,18,924
3. If the holder of a security interest in the confiscated motor vehicle, perfected
25by filing, proves to the court, or after judgment of confiscation, to the department,
1that the violation that led to the confiscation was not with the knowledge, consent
2or connivance of the holder of the security interest or with that of some person
3employed or trusted by the holder of the security interest, the amount due under the
4security agreement, together with any other deductions authorized under par. (a),
5shall be deducted from the proceeds of the sale of the confiscated motor vehicle and
6the amount due shall be paid to the one entitled. If a sufficient amount does not
7remain for the full payment of the amount due under the security agreement after
8making the other deductions authorized under par. (a), the amount remaining shall
9be paid to the one entitled.
AB378,18,1110
(d) The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than
11motor vehicles under this subsection.
AB378,18,1412
(e) This subsection shall not apply to a deer killed, or so injured that it must
13be killed, by a collision with a motor vehicle on a highway. For purposes of this
14subsection, "deer" does not include farm-raised deer.
AB378, s. 51
15Section
51. 29.578 (14) (am) of the statutes is amended to read:
AB378,18,1816
29.578
(14) (am) The department may issue special retail deer sale permits
17authorizing a person to retail
a venison in the carcass from a deer lawfully killed
18under this section to any retailer of meats.
Note: There is no conflict of substance.
AB378, s. 53
21Section
53. 30.16 (1) (a) of the statutes is amended to read:
AB378,19,10
130.16
(1) (a)
Removal. The governing body of any municipality in this state
2may cause to be removed to a convenient and safe place any watercraft or float
3obstructing or interfering with the free navigation of any river, canal, water channel
4or slip within its harbor after having given reasonable notice to the master or owner
5or the agent of the master or owner, if known and a resident of this state, or to the
6person in charge thereof, to so remove such watercraft or float. The governing body
7of the municipality by ordinance or resolution may authorize any harbor master or
8other public officer over whom it has jurisdiction to remove
such the obstruction, and
9may prescribe the officer's duties with respect thereto and the mode of carrying them
10into effect and may prescribe penalties for violation of such ordinance or resolution.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,19,1817
30.40
(7m) "Nonmetallic mining" has the meaning given in s.
144.9407 (1) (a) 18295.11 (3).
Note: Inserts correct cross-reference. Section 144.9407 (1) (a) was renumbered to
s. 295.11 (3) by
1995 Wis. Act 227.
AB378,20,3
130.44
(8) (a) Except as provided under sub. (1) (f), a person shall apply for and
2be issued by the board a permit for an activity in subs. (1) to (5) for land in the
3riverway
59.692.
AB378,20,96
30.44
(8) (c) (intro.) The board may grant a waiver of a performance standard
7for an activity in sub. (1) (b) and issue a permit under par. (a) or may grant a waiver
8authorizing an activity prohibited under s. 30.45 (3) or (3m) for land in the riverway
959.692 if one of the following applies:
Note: There is no conflict of substance.
Note: There is no conflict of substance.