1999 WISCONSIN ACT 85
An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions, reconciling conflicts and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
85,1
Section
1. 84.063 (6) of the statutes is repealed.
Note: Eliminates obsolete provision.
85,2
Section
2
. 85.028 (1) of the statutes is repealed.
Note: Eliminates obsolete provision.
85,3
Section
3. 85.028 (2) of the statutes is renumbered 85.028.
Note: Renumbers provision to accommodate repeal in Section 2
. A subsection may not stand alone.
85.07
(7) (a)
Beginning in 1994, the
The department shall annually prepare a plan to use, for purposes of state and local emergency medical services, at least 25% of any federal funds transferred under
23 USC 153 (h). The department shall prepare the plan after consulting with the council on highway safety, the department of health and family services and the emergency medical services board. Funds expended under the plan may not be used to supplant other federal and state funds used for emergency medical services purposes. Funds may not be expended under the plan unless any necessary federal approval of the plan has been obtained.
Note: Eliminates obsolete provision.
85,5
Section
5. 86.26 (3) of the statutes is amended to read:
86.26 (3) This section does not apply to improvements on existing town roads as of the effective date of rules promulgated by the department under s. 86.266 or September 30, 1994, whichever comes first existing on October 1, 1992.
Note: This section specifies the effective date of rules promulgated under s. 86.266.
85,6
Section
6. 86.32 (1m) of the statutes is repealed.
Note: Eliminates obsolete provision.
85,7
Section
7. 110.07 (5) (b) of the statutes is amended to read:
110.07 (5) (b) Upon request of an officer of the state traffic patrol under sub. (1) or inspector under sub. (3), the department shall make available to the traffic officer or inspector a bulletproof garment that may be used in the performance of his or her duties under this section. The department shall equip a traffic officer or inspector with a bulletproof garment as soon as practicable after receipt of the request from the traffic officer or inspector under this paragraph, provided that each traffic officer or inspector who has made a request before September 1, 1997, shall be equipped with a bulletproof garment by that date.
Note: Eliminates obsolete provision.
85,8
Section
8. 196.196 (1) (c) of the statutes is amended to read:
196.196 (1) (c) 1. A price-regulated telecommunications utility may not increase its rates for services under par. (a), except for basic message telecommunications service, for a period of 3 years after electing to become price regulated. Following the initial 3-year period for services under par. (a), except for basic message telecommunications service, and at any time for basic message telecommunications service, a price-regulated telecommunications utility may increase its rates for those services to the extent that the change in the revenue weighted price indices does not exceed 2 percentage points less than the most recent annual change in the gross domestic product price index, as published by the federal government. The commission shall, by rule, create a penalty mechanism for up to a one percentage point increase in the percentage offset for inadequate service provided by or insufficient investment made by a price-regulated telecommunications utility. The commission shall, by rule, create an incentive mechanism for up to a one percentage point decrease in the percentage offset to encourage infrastructure investment by the price-regulated telecommunications utility. For a telecommunications utility with more than 500,000 access lines in use in this state at the time of electing to become price regulated, the percentage offset to the change in the gross domestic product price index shall be 3 percentage points and the penalty mechanism and incentive mechanism shall be up to 2 percentage points. No earlier than 6 years after September 1, 1994, and no more frequently than every 3 years thereafter, the commission may, following notice and an opportunity for hearing, by rule increase or decrease the gross domestic product price index percentage offset by a maximum of one percentage point in any 12-month period to reflect any statewide changes in the productivity experience of the telecommunications industry. The commission shall promulgate rules to identify the factors that the commission may consider in determining changes in the productivity experience of the telecommunications industry. If application of the price regulation index formula achieves a negative result, prices shall be reduced so that the cumulative price change for services under par. (a), including prior price reductions in these services, achieves the negative result.
2. Annual permitted price increases under this paragraph may be deferred and accumulated for a maximum of 3 years into a single increase. The first permitted increase after the telecommunications utility elects to become price regulated shall be limited by the most recent annual change in the gross domestic product price index, less 2 percentage points, plus or minus any penalty or incentive adjustment. For a telecommunications utility with more than 500,000 access lines in use in this state, the first permitted increase shall be limited by the most recent annual change in the gross domestic product price index, less 3 percentage points, plus or minus any penalty or incentive adjustment. The increase in any rate element may not at any time exceed 10% or the increase in the gross domestic product price index, whichever is greater.
3. A rate change under this paragraph shall take effect 45 days after the date on which notice is received by the commission. A telecommunications utility shall notify customers of a rate change under this paragraph by a bill insert that is included in a bill no later than the first billing provided after notice of a rate change is submitted to the commission. A telecommunications utility may file only one rate increase under this paragraph during any 12-month period.
Note: Subdivides long paragraph for improved readability.
85,9
Section
9. 227.53 (1) (intro.) of the statutes is amended to read:
227.53 (1) (intro.) Except as otherwise specifically provided by law, any person aggrieved by a decision specified in s. 227.52 shall be entitled to judicial review thereof of the decision as provided in this chapter. and subject to the all of the following procedural requirements:
Note: Amends provision for conformity with current style for (intro.) provisions.
85,10
Section
10. 227.53 (1) (d) of the statutes is amended to read:
227.53 (1) (d) The agency (except
Except in the case of the tax appeals commission and, the banking review board, the credit union review board, the savings and loan review board and the savings bank review board), the agency and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.
Note: Reorders text to eliminate parentheses consistent with current style.
85,11
Section
11. 230.35 (4) (a) 1. and 3. to 9. of the statutes are amended to read:
230.35 (4) (a) 1. January 1;.
3. The last Monday in May, which shall be the day of celebration for May 30;.
4. July 4;.
5. The first Monday in September;.
6. The 4th Thursday in November;.
7. December 24;.
8. December 25;.
9. December 31;.
Note: Replaces punctuation for internal consistency and conformity with current style.
85,12
Section
12. 230.36 (1) of the statutes is renumbered 230.36 (2m) (a) (intro.) and amended to read:
230.36 (2m) (a) (intro.) If a
any of the following state employes suffers injury while in the performance of duties, the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation:
1. A conservation warden,.
2. A conservation patrol boat captain,
.
3. A conservation patrol boat engineer,
.
4. A state forest ranger,.
5. A conservation field employe of the department of natural resources who is subject to call for fire control duty,.
6. A member of the state patrol,.
7. A state motor vehicle inspector,
.
8. A lifeguard,.
9. A excise tax investigator employed by the department of revenue,.
10. A special criminal investigation agent employed by the department of justice,.
11. A special tax agent,.
12. A state drivers' license examiner,
.
13. A state fair park police officer,
.
14. A University of Wisconsin System police officer and or other state facilities police officer and patrol officer,.
15. A security officer, watcher,
or security person.
16. An engineer,.
17. An engineering aide,.
18. A building construction superintendent,.
19. A fire fighter employed at the Wisconsin Veterans Home, or.
20. A guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other.
21. A state employe who is not listed in this subsection and paragraph who is ordered by his or her appointing authority to accompany any an employe listed in this subsection paragraph while the listed employe is engaged in the duties defined in enumerated under sub. (3), or any other (1m) (b).
22. A state employe who is not listed in this subsection and paragraph who is ordered by his or her appointing authority to perform the duties enumerated under sub. (1m) (b), when permitted, in lieu of the a listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation.
(b) The full pay under par. (a) (intro.) shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may, at the expense of the employing agency, order physical or medical examinations to determine the degree of disability at the expense of the employing agency.
Note: Subdivides provision in outline form and reorders text for improved readability and conformity with current style. Deletes cross-references to defined terms and amends cross-references to reflect renumbering made by this bill. Previous legislation replaced the gender specific "watchman" with the gender neutral "watcher", but these terms are not synonymous. Current style is to use "guard" or "security person" rather than "watchman".
85,13
Section
13. 230.36 (2) of the statutes is renumbered 230.36 (1m) (intro.) and amended to read:
230.36 (1m) (intro.) "Injury" as used in In this section is:
(a) "Injury" means physical harm to an employe caused by accident or disease.
Note: Renumbers definition to locate it at the beginning of the applicable statute provision and reorders text in accordance with current style.
85,14
Section
14. 230.36 (3) of the statutes is renumbered 230.36 (1m) (b), and 230.36 (1m) (b) (intro.) and 2. (intro.), as renumbered, are amended to read:
230.36 (1m) (b) (intro.) As used in this section "performance "Performance of duties" means duties performed in line of duty by any of the following:
2. (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, watcher or security person, state fair park police officer, special tax agent, excise tax investigator employed by the department of revenue and special criminal investigation agent employed by the department of justice at all times while:
Note: Amends the (intro.) to fit within a single definitions provision and for conformity with current style for (intro.) provisions. Previous legislation replaced the gender specific "watchman" with the gender neutral "watcher", but these terms are not synonymous. Current style is to use "guard" or "security person" rather than "watchman".
85,15
Section
15. 230.36 (5) of the statutes is amended to read:
230.36 (5) The An employing agency which that makes payments under this section is entitled to the right of subrogation for reimbursement to the extent that the injured employe may recover the reimbursed items in an action or claim in tort against any 3rd party. The repayment shall not exceed the total sums paid to such
the injured employe under this section and shall be limited to the total sum credited to such the injured employe, as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of such the 3rd party.
Note: Inserts specific references and replaces incorrectly used "which" consistent with current style.
85,16
Section
16. 230.36 (6) of the statutes is amended to read:
230.36 (6) Any person who is employed by the University of Wisconsin Hospitals and Clinics Authority, who suffers an injury as defined in sub. (2) between June 29, 1996, and June 30, 1997, shall be covered under this section if the person, had he or she been a state employe, would have been covered under this section.
Note: Deletes cross-reference to defined term consistent with current style.
85,17
Section
17. 234.42 (1) of the statutes is renumbered 234.42 (1s).
Note: Renumbers provision to accommodate moving a definition to the beginning of the section in accordance with current style. See the next two sections of this bill.
85,18
Section
18. 234.42 (1g) of the statutes is created to read:
234.42 (1g) In this section "veterans capital reserve fund requirement" means an amount equal to the maximum amount, in any succeeding year, of principal and interest, other than principal and interest for which sinking fund payments are specified in any resolution of the authority authorizing veterans housing bonds of the authority then outstanding, maturing and becoming due in that succeeding year on all veterans housing bonds of the authority then outstanding, except veterans housing bonds due in that succeeding year issued to provide funds for mortgage loans through the purchase of mortgages or mortgage-backed securities guaranteed by the United States or an agency or instrumentality of the United States, plus all amounts specified in any resolution of the authority authorizing veterans housing bonds of the authority then outstanding as payable as a sinking fund payment in such year.
Note: The definition previously contained in sub. (2) is moved to a separate subsection at the beginning of the section, parentheses are replaced, commas deleted and disfavored terms replaced in accordance with current style.
85,19
Section
19. 234.42 (2) of the statutes is renumbered 234.42 (2) (a) (intro.) and amended to read:
234.42 (2) (a) (intro.) All moneys held in the veterans capital reserve fund, except as otherwise specifically provided, shall be used solely for any of the following purposes:
