SB421: Bill Text

SB421,53,16 TO ESTABLISH WHEN, AND FOR HOW LONG, THE BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY IS IN EFFECT, YOU MUST INITIAL ONLY ONE OF THE FOLLOWING 3 OPTIONS. IF YOU DO NOT INITIAL ONE, OR IF YOU INITIAL MORE THAN ONE, THIS BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY WILL NOT TAKE EFFECT.

SB421,53,17 Initials

SB421,53,20 _____ This basic power of attorney for finances and property becomes effective when I sign it and will continue in effect as a durable power of attorney under section 243.07, Wisconsin Statutes, if I become disabled or incapacitated.

SB421,53,22 _____ This basic power of attorney for finances and property becomes effective only when both of the following apply:

SB421,53,23 a. I have signed it; and

SB421,53,24 b. I become disabled or incapacitated.

SB421,54,3 _____ This basic power of attorney for finances and property becomes effective when I sign it but will cease to be effective if I become disabled or incapacitated.

SB421,54,8 I agree that any 3rd party who receives a copy of this document may act under it. Revocation of this basic power of attorney is not effective as to a 3rd party until the 3rd party learns of the revocation. I agree to reimburse the 3rd party for any loss resulting from claims that arise against the 3rd party because of reliance on this basic power of attorney.

SB421,54,9 Signed this .... day of ...., (year)

SB421,54,11 ....

SB421,54,12 (Your Signature)

SB421,54,14 ....

SB421,54,15 (Your Social Security Number)

SB421,54,22 By signing as a witness, I am acknowledging the signature of the principal who signed in my presence and the presence of the other witness, and the fact that he or she has stated that this power of attorney reflects his or her wishes and is being executed voluntarily. I believe him or her to be of sound mind and capable of creating this power of attorney. I am not related to him or her by blood or marriage, and, to the best of my knowledge, I am not entitled to any portion of his or her estate under his or her will.

SB421,54,23 Witness: .... Witness: ....

SB421,54,24 Dated: .... Dated: ...

SB421,54,25 By Signature: .... By Signature: ....

SB421,55,1 Print Name: .... Print Name: ....

SB421,55,2 Address: .... Address: ....

SB421,55,3 State of ....

SB421,55,4 County of ....

SB421,55,6 This document was acknowledged before me on .... (date) by .... (name of principal).

SB421,55,7 ....

SB421,55,8 (Signature of Notarial Officer)

SB421,55,9 (Seal, if any)

SB421,55,10 (Title)

SB421,55,11 [My commission is permanent or expires: .... ]

SB421,55,14 BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES AND LIABILITIES OF AN AGENT.

SB421,55,15 ....

SB421,55,16 (Name of Agent)

SB421,55,17 ....

SB421,55,18 (Signature of Agent)

SB421,55,20 This document was drafted by .... (signature of person preparing the document).

Note: Drafting records for 1997 Wis. Act 253 indicate that the witness portion of this form was not properly formatted in double columns and that "Witness" was to be a heading and was not to be followed by dot leaders. "By" is changed to "Signature" for clarity.

SB421, s. 132 Section 132. 251.02 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,56,8 251.02 (1) In counties with a population of less than 500,000, the county board shall establish a county health department that meets the requirements of this chapter. The county health department shall serve all areas of the county that are not served by a city health department that was established prior to January 1, 1994, by a town or village health department established under sub. (3m) or by a multiple municipal local health department established under sub. (3r). No city health department may be established after January 1, 1994, but a city-county health department may be established after that date.

Note: Conforms the language in this subsection with the language of s. 251.02 (3r).

SB421, s. 133 Section 133. 251.04 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,56,18 251.04 (1) A city or county board of health shall govern each local health department other than a local health department as authorized in s. 251.02 (3m) and (3r) and a city or county board of health or a board of health for a local health department as authorized in s. 251.02 (3m) and (3r) shall assure the enforcement of state public health statutes and public health rules of the department as prescribed for a Level I local health department. A local board of health may contract or subcontract to provide public health services. The contractor's staff shall meet the appropriate qualifications for positions in a Level I local health department.

Note: 1999 Wis. Act 9 inserted the underscored language without showing it as underscored. The change was intended.

SB421, s. 134 Section 134. 251.125 of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,57,2 251.125 Village health department, how financed. If a village health department is established under s. 251.02 (2) or (3m) or if a multiple municipal local health department is established under s. 251.01 251.02 (3r) by the governing body of a village in concert with the governing body of another village or a city or town, the village board shall appropriate funds for the operation of the department.

Note: Corrects cross-reference. There is no s. 251.01 (3r). Section 251.02 (3r) relates to the establishment of local health departments.

SB421, s. 135 Section 135. 252.08 (title) of the statutes is repealed.

Note: The remainder of s. 252.08 was renumbered or repealed by 1999 Wis. Act 9.

SB421, s. 136 Section 136. 253.115 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,57,8 253.115 (1) (a) "Hearing loss" means an inability in one or both ears to detect sounds at 30 decibels hearing level or greater in the frequency region of 500 to 4,000 hertz, which that affects speech recognition and auditory comprehension.

Note: Replaces ", which" with "that" to correct grammar.

SB421, s. 137 Section 137. 254.916 (3) (a) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 254.916 (3) (intro.).

Note: Corrects numbering.

SB421, s. 138 Section 138. 254.916 (11) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,57,18 254.916 (11) The department shall hold a hearing under ch. 227 if any interested person, in lieu of proceeding under ch. 68, appeals to the department alleging that the person making an investigation of the appellant has a financial interest in a regulated cigarette and tobacco product retailer, tobacco vending machine operator, tobacco vending machine premises or tobacco vending machine which that may interfere with his or her ability to properly take that action.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 139 Section 139. 281.68 (1r) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,58,2 281.68 (1r) (a) Prevent pollution from entering into lakes or into natural lake ecosystems.

Note: 1999 Wis. Act 9 inserted "or" without showing it as underscored. The change was intended.

SB421, s. 140 Section 140. 281.69 (6) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,58,9 281.69 (6) Lake classification technical assistance contracts. A nonprofit corporation receiving a lake classification technical assistance contract shall use the grant money provided under the contract to provide educational and technical assistance to local units of government and lake management organizations that will participate in a lake classification project.

Note: 1999 Wisconsin Act 9 amended this section by replacing "technical assistance grant" with "technical assistance contract" but did not make the corresponding change to the later use of the term "grant". Act 9 also omitted the phrase "use the grant to" without showing it as stricken. This bill restores the unintentionally omitted language and amends the subsection to reflect the term change.

SB421, s. 141 Section 141. 289.645 (4) (c) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,58,14 289.645 (4) (c) Waste generated by an organization described in par. (b) which that is commingled with waste generated by a person other than an organization described in par. (b) is subject to the fee.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 142 Section 142. 292.15 (2) (at) 3. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,59,2 292.15 (2) (at) 3. The voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to a hazardous substance discharges that occurred before the investigation under subd. 1. is completed and that are discovered in the course of conducting a cleanup of the property, the insurance complies with rules promulgated by the department and the insurance names the voluntary party and this state as insureds.

Note: Deletes unnecessary "a."

SB421, s. 143 Section 143. 292.15 (2) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,59,8 292.15 (2) (c) Prohibition on action. The department of justice may not commence an action under 42 USC 9607 against any voluntary party meeting the criteria of this subsection to recover costs for which the voluntary party is exempt under pars. (a), (ac) (ae), (ag), (am), (at) and (b).

Note: Corrects cross-reference. There is no s. 292.15 (2) (ac). Section 292.15 (2) (ae) relates to exemptions for voluntary parties.

SB421, s. 144 Section 144. 292.15 (3) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,59,18 292.15 (3) Successors and assigns. An exemption provided in sub. (2) applies to any successor or assignee of the voluntary party if the successor or assignee complies with the provisions of sub. (2) (a) 4. and 5. or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or (am) as though the successor or assignee were the voluntary party except that the exemption in sub. (2) does not apply if the successor or assignee knows that a certificate under sub. (2) (a) 3., (ae) 3., (ag) 12. 2. or (am) was obtained by any of the means or under any of the circumstances specified in sub. (2) (a) 6.

Note: Corrects cross-reference. There is no s. 292.15 (2) (ag) 12. Section 292.15 (2) (ag) 2. relates to certificates of completion.

SB421, s. 145 Section 145. 292.65 (8) (e) 3am. of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 292.65 (8) (e) 3. am.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 9 treated s. 292.65 (8) (e) 3. a. to c., but the period was omitted in each case.

SB421, s. 146 Section 146. 292.65 (8) (e) 3ar. of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 292.65 (8) (e) 3. ar.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 9 treated s. 292.65 (8) (e) 3. a. to c., but the period was omitted in each case.

SB421, s. 147 Section 147. 292.65 (8m) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,60,13 292.65 (8m) Reimbursement of insurance proceeds. If, after the owner or operator receives an award under this section, the owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the owner or operator shall pay to the department the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. sub. (8) (e) exceeds the maximum award under par. sub. (8) (f), but not more than the amount of the award received. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.

Note: Corrects cross-references. Section 292.65 (8m) is not separated into paragraphs. Section 292.15 (8) (e) relates to calculation of the deductible and sub. (8) (f) provides the maximum award.

SB421, s. 148 Section 148. 301.08 (1) (b) 4. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,60,22 301.08 (1) (b) 4. Contract with not more than 5 counties or with not more than 5 consortia of counties for the operation of not more than 5 secured group homes for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 938.183 or 938.34 (4m). The contract shall specify that the county or counties operating a secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.

Note: Corrects cross-reference consistent with the remainder of s. 301.08 (1) (b). There is no s. 983.183.

SB421, s. 149 Section 149. 342.12 (3) (b) of the statutes is amended to read:

SB421,61,20 342.12 (3) (b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of for the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the vehicle, or if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 342.