2001 Wisconsin Act 103

9. Guardianship referral; and.

10. Diagnostic evaluation;.

11. Such Any other responsibilities as that the department deems considers appropriate.

Note: Replaces punctuation and disfavored terminology, consistent with current style.

103,178 Section 178. 55.043 (1) (a) (intro.) of the statutes is amended to read:

55.043 (1) (a) (intro.) If a county protective services agency has probable cause to believe that there is misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may conduct an investigation in Milwaukee county County to determine if the vulnerable adult in question is in need of protective services. The county protective services agency shall conduct the investigation in accordance with standards established by the department for conducting the investigations. The investigation shall include at least one of the following:

Note: Conforms capitalization to current style.

103,179 Section 179. 60.30 (1e) (c) of the statutes is amended to read:

60.30 (1e) (c) If an ordinance is approved in a referendum under par. (b), the change from an elective office to an appointive office may not take effect until the term of office of the incumbent town clerk, town treasurer, or combined town clerk and town treasurer expires. If an ordinance is approved under par. (b) at a general election, the ordinance takes effect upon the expiration of the term or terms of the incumbent officer or officers. If an ordinance is approved under par. (b) at a spring election at which the office of town clerk or town treasurer is filled, the ordinance takes effect upon the expiration of the term or terms of each officer who is elected at that election. A person appointed to the office of town clerk, or town treasurer, or to the combined office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years, that is set by the town board. The person may be reappointed and may be dismissed by the board only for cause, as defined in s. 17.16 (2) 17.001.

Note: Section 17.16 (2) is renumbered s. 17.001 by this bill. Corrects grammar.

103,180 Section 180. 60.30 (1e) (f) of the statutes is amended to read:

60.30 (1e) (f) If a person is appointed to office under par. (e), the person initially appointed may not take office until the term of office of the incumbent town clerk, town treasurer, or combined town clerk and town treasurer expires. A person appointed to the office of town clerk, or town treasurer, or to the combined office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years, that is set by the town board. The person may be reappointed and may be dismissed by the board only for cause, as defined in s. 17.16 (2) 17.001.

Note: Section 17.16 (2) is renumbered s. 17.001 by this bill. Corrects grammar.

103,181 Section 181. 66.0139 (3) of the statutes is amended to read:

66.0139 (3) A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive, or incendiary substances, materials, or devices posing that pose a danger to life or property in their storage, transportation, or use immediately after taking possession of the substances, materials, or devices without a public auction. The political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials, or devices which that have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, a disposal procedure shall include a presumption that if the substance, material, or device appears to be or is reported stolen, an attempt will be made to return the substance, material, or device to the rightful owner.

Note: Deletes unnecessary "the," replaces disfavored word form, and corrects punctuation.

103,182 Section 182. 66.0209 (4) of the statutes is amended to read:

66.0209 (4) An incorporation referendum ordered by the circuit court under s. 66.0203 (9) (f) may not be stayed pending the outcome of further litigation, unless the court of appeals or the supreme court, upon an appeal or upon the filing of an original action in the supreme court, concludes that a strong probability exists that the order of the circuit court or the decision of the department will be set aside.

Note: Inserts missing articles.

103,183 Section 183. 66.0309 (14) (d) 1. of the statutes is amended to read:

66.0309 (14) (d) 1. Submit the issue to arbitration by 3 arbitrators, one to be chosen by the local governmental unit, one to be chosen by the regional planning commission, and the third to be chosen by the first 2 arbitrators. If the arbitrators are unable to agree, the vote of 2 shall be the decision. They The arbitrators may affirm or modify the report, and shall submit their decision in writing to the local governmental unit and the regional planning commission within 30 days of their appointment unless the time be is extended by agreement of the commission and the local governmental unit. The decision shall be is binding. Election An election to arbitrate shall be is a waiver of the right to proceed by action. Two-thirds of the expenses of arbitration shall be paid by the party requesting arbitration and the balance by the other.

Note: Inserts a specific reference and missing articles and replaces a disfavored term to improve readability and to conform to current style.

103,184 Section 184. 66.0413 (2) (c) 2. of the statutes is amended to read:

66.0413 (2) (c) 2. In an action under this subsection, the circuit court before which the action is commenced shall exercise jurisdiction in rem or quasi in rem over the property which that is the subject of the action. The owner of record of the property, if known, and all other persons of record holding or claiming any interest in the property shall be made parties defendant, and service of process may be made upon them.

Note: Inserts missing word and corrects grammar.

103,185 Section 185. 66.0413 (2) (e) 1. of the statutes is amended to read:

66.0413 (2) (e) 1. A receiver appointed under par. (d) shall collect all rents and profits accruing from the property held in receivership and pay all costs of management, including all general and special real estate taxes or assessments and interest payments on first mortgages on the property. A receiver under par. (d) shall apply moneys received from the sale of property held in receivership to pay all debts due on the property in the order set by law and shall pay any balance to the selling owner if the circuit court approves.

Note: Inserts missing article.

103,186 Section 186. 66.0901 (2) of the statutes is amended to read:

66.0901 (2) Bidder's proof of responsibility. A municipality intending to enter into a public contract may, before delivering any form for bid proposals, plans, and specifications to any person, except materialmen, suppliers, and others not intending to submit a direct bid, require the person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths. The statement shall consist of information relating to financial ability, equipment, experience in the work prescribed in the public contract, and other matters that the municipality requires for the protection and welfare of the public in the performance of a public contract. The statement shall be in writing on a standard form of a questionnaire that is adopted and furnished by the municipality. The statement shall be filed in the manner and place designated by the municipality. The statement shall not be received less than 5 days prior to the time set for the opening of bids. The contents of the statement shall be confidential and may not be disclosed except upon the written order of the person furnishing the statement, for necessary use by the public body in qualifying the person, or in cases of action actions against, or by, the person or municipality. The governing body of the municipality or the committee, board, or employee charged with, or delegated by the governing body with, the duty of receiving bids and awarding contracts shall properly evaluate the statement and shall find the maker of the statement either qualified or unqualified. This subsection does not apply to a 1st class city.

Note: Inserts missing article and replaces the singular form of a word with the plural for correct sentence agreement.

103,187 Section 187. 66.1103 (2) (f) of the statutes is amended to read:

66.1103 (2) (f) "Improve",," "improving",," "improvements," and "facilities" embrace include any real or personal property or mixed property of whatever useful life that can be used or that will be useful in an industrial project including sites for buildings, equipment, or other improvements, rights-of-way, roads, streets, sidings, foundations, tanks, structures, pipes, pipelines, reservoirs, lagoons, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, improvements, instrumentalities, pollution control facilities, and other real, personal, or mixed property.

Note: Inserts preferred term and corrects punctuation.

103,188 Section 188. 66.1201 (9) (j) of the statutes is amended to read:

66.1201 (9) (j) To contract for the sale of, and to sell, any part or all of the interest in real estate acquired and to execute contracts of sale and conveyances as the authority considers desirable.

Note: Inserts missing article and other language and commas to improve readability and to conform to current style.

103,189 Section 189. 66.1205 (2) (b) of the statutes is amended to read:

66.1205 (2) (b) Pursuant to s. 66.1201 (16) vest in obligees the right, if the authority defaults, to acquire title to a housing project or the property mortgaged by the housing authority, free from all of the restrictions imposed by s. 66.1203 and this section.

Note: Inserts missing word.

103,190 Section 190. 66.1331 (14) of the statutes is renumbered 66.1331 (14) (b) and amended to read:

66.1331 (14) (b) For the purpose of carrying out or administering a redevelopment plan or other functions authorized under this section, a city may issue municipal obligations payable solely from and secured by a pledge of and lien upon any or all of the income, proceeds, revenues, funds, and property of the city derived from or held by it in connection with redevelopment projects, including the proceeds of grants, loans, advances, or contributions from any public or private source. Municipal obligations issued under this subsection may be registered under s. 67.09 but shall otherwise be in a form, mature at times, bear interest at rates, be issued and sold in a manner, and contain terms, covenants, and conditions that the local legislative body of the city, by resolution, determines. The municipal obligations shall be fully negotiable, shall not require a referendum, and are not subject to the provisions of any other law or charter relating to the issuance or sale of municipal obligations. Obligations under this section sold to the United States government need not be sold at public sale. In this subsection, "municipal obligation" has the meaning specified in s. 67.01 (6).

Note: Definition is deleted from this provision and moved to separate paragraph at the beginning of the subsection, consistent with current style. See the next section of this bill.

103,191 Section 191. 66.1331 (14) (a) of the statutes is created to read:

66.1331 (14) (a) In this subsection, "municipal obligation" has the meaning specified in s. 67.01 (6).

Note: See the previous section of this bill.

103,192 Section 192 . 70.06 (2) (c) of the statutes is renumbered 70.06 (2) and amended to read:

70.06 (2) The commissioner of assessments may, with the approval of the common council, appoint one chief assessor, one or more supervising assessors and supervising assessor assistants, one or more property appraisers, and other expert technical personnel that the commissioner of assessments deems considers to be necessary in order that all valuations throughout the city are uniformly made in accordance with the law. The chief assessor, supervising assessors, and supervising assessor assistants shall exercise the direction and supervision over assessment procedure and shall perform the duties in relation to the assessment of property that the commissioner of assessments determines. Together with the chief assessor and the assessment analysis manager, they shall be members of the board of assessors and shall hold office in the same manner as assessors. Certification of the assessment roll shall be limited to the members of the board of assessors.

Note: Eliminates unnecessary paragraph designation; this provision is not subdivided. Replaces disfavored terminology and inserts article to improve readability and conformity with current style.

103,193 Section 193. 70.06 (3m) of the statutes is amended to read:

70.06 (3m) No person may assume the office of commissioner of assessments, chief assessor, assessment analysis manager, systems and administration supervisor, title records supervisor, supervising assessor, supervising assessor assistant, or property appraiser appointed under sub. (2) (c), unless certified by the department of revenue under s. 73.09 as qualified to perform the functions of the office of assessor. If a person who has not been so certified is appointed to the office, the office shall be vacant and the appointing authority shall fill the vacancy from a list of persons so certified by the department of revenue.

Note: Corrects cross-reference. Subsection (2) (c) is renumbered to sub. (2) by the previous section of this bill.

103,194 Section 194. 70.07 (2) of the statutes is amended to read:

70.07 (2) The commissioner of assessments shall publish a class 3 notice, under ch. 985, that on the days named, the assessments for the city will be open for examination by the taxable inhabitants of the city. On the 2nd Monday of May the commissioner of assessments shall call together all of the assessors, and the other members of the board of assessors as provided in s. 70.06 (2) (c), and they together with the commissioner of assessments shall constitute an assessment board.

Note: Corrects cross-reference. Section 70.06 (2) (c) is renumbered s. 70.06 (2) by Section 192 of this bill.

103,195 Section 195. 70.11 (3a) (title) of the statutes is amended to read:

70.11 (3a) (title) Buildings at the Wisconsin veterans home Veterans Home at King or in southeastern Wisconsin.

Note: Conforms capitalization to current style.

103,196 Section 196. 71.67 (5m) (title) of the statutes is created to read:

71.67 (5m) (title) Withholding from payments to purchase assignment of lottery prize.

Note: The remainder of the subsections in s. 71.67 have titles.

103,197 Section 197. 71.85 (3) (intro.) and (a) of the statutes are consolidated, renumbered 71.85 (3) and amended to read:

71.85 (3) Abatement of interest and penalties. No penalty or interest that has been imposed under this subchapter on a taxpayer who is eligible for the exemption under: (a) Section s. 71.05 (6) (b) 13. or 14. may continue to accrue while the taxpayer is in the Operation Desert Shield or Operation Desert Storm theater of operations and for 180 days after the taxpayer leaves the Operation Desert Shield or Operation Desert Storm theater of operations.

Note: The (intro.) and par. (a) are combined as there are no other paragraphs.

103,198 Section 198. 71.91 (5) (ag) (intro.) and 1. of the statutes are consolidated, renumbered 71.91 (5) (ag) and amended to read:

71.91 (5) (ag) In this subsection: 1. "File", "file" means mail, deliver, or submit electronically.

Note: The (intro.) and subd. 1. are combined as there are no other subdivisions.

103,199 Section 199. 77.54 (14) of the statutes is amended to read:

77.54 (14) The gross receipts from the sales of and the storage, use, or other consumption in this state of medicines that are any of the following:

(a) Prescribed for the treatment of a human being by a person authorized to prescribe the medicines, and dispensed on prescription filled by a registered pharmacist in accordance with law;.

(b) Furnished by a licensed physician, surgeon, podiatrist, or dentist to a patient for treatment of the patient;.

(c) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, surgeon, podiatrist, or dentist;.

(d) Sold to a licensed physician, surgeon, podiatrist, dentist, or hospital for the treatment of a human being; or.

(e) Sold to this state or any political subdivision or municipal corporation thereof, for use in the treatment of a human being; or furnished.

(em) Furnished for the treatment of a human being by a medical facility or clinic maintained by this state or any political subdivision or municipal corporation thereof.

(f) Furnished without charge to a physician, surgeon, nurse anesthetist, advanced practice nurse, osteopath, dentist who is licensed under ch. 447, podiatrist who is licensed under ch. 448, or optometrist who is licensed under ch. 449 if the medicine may not be dispensed without a prescription.

Note: Conforms the form of the (intro.) and punctuation to current style. Divides the two clauses in par. (e) into separate paragraphs consistent with the remainder of the section.

103,200 Section 200. 77.54 (14g) of the statutes is amended to read:

77.54 (14g) "Medicines," as used in sub. (14), means any substance or preparation that is intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment, or prevention of disease and which that is commonly recognized as a substance or preparation intended for such use; but "medicines" do not include any of the following:

(a) Any auditory, prosthetic, ophthalmic, or ocular device or appliance.

(b) Articles which that are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, apparatus, contrivances, appliances, devices, or other mechanical, electronic, optical, or physical equipment or article articles, or the component parts or accessories thereof.

(c) Any alcohol beverage the manufacture, sale, purchase, possession, or transportation of which is licensed or regulated under the laws of this state.

Note: Conforms the form of the (intro.) to current style. Inserts the plural "articles" for sentence agreement.

103,201 Section 201. 77.61 (5) (b) 2. of the statutes is amended to read:

77.61 (5) (b) 2. The attorney general, and department of justice employees.

Note: Replaces comma with "and" to correct poor grammar resulting from a partial veto in ch. 418, Laws of 1977.

103,202 Section 202. 84.11 (5r) (title) of the statutes is amended to read:

84.11 (5r) (title) Milwaukee 6th street Street viaduct cost sharing.

Note: Conforms capitalization to current style.