2001 Wisconsin Act 103

103,25 Section 25. 20.285 (1) (h) of the statutes is amended to read:

20.285 (1) (h) Auxiliary enterprises. Except as provided under subs. (5) (i) and (6) (g), all moneys received by the university University of Wisconsin system System for or on account of any housing facility, commons, dining halls, cafeteria, student union, athletic activities, stationery stand or bookstore, parking facilities or car fleet, or such other auxiliary enterprise activities as the board designates and including such fee revenues as allocated by the board and including such moneys received under leases entered into previously with nonprofit building corporations as the board designates to be receipts under this paragraph, to be used for the operation, maintenance, and capital expenditures of activities specified in this paragraph, including the transfer of funds to pars. (kd) and (ke) and to nonprofit building corporations to be used by the corporations for the retirement of existing indebtedness and such other payments as may be required under existing loan agreements, and for optional rental payments in addition to the mandatory rental payments under the leases and subleases in connection with the providing of facilities for such activities. A separate account shall be maintained for each campus and extension. Upon the request of the extension or any campus within the system, the board of regents may transfer surplus moneys appropriated under this paragraph to the appropriation account under par. (kp).

Note: Conforms capitalization to current style.

103,26 Section 26. 20.435 (2) (gk) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

20.435 (2) (gk) Institutional operations and charges. The amounts in the schedule for care, other than under s. 51.06 (1r), provided by the centers for the developmentally disabled, to reimburse the cost of providing the services and to remit any credit balances to county departments that occur on and after July 1, 1978, in accordance with s. 51.437 (4rm) (c); for care, other than under s. 46.043, provided by the mental health institutes, to reimburse the cost of providing the services and to remit any credit balances to county departments that occur on and after January 1, 1979, in accordance with s. 51.42 (3) (as) 2.; for maintenance of state-owned housing at centers for the developmentally disabled and mental health institutes; for repair or replacement of property damaged at the mental health institutes or at centers for the developmentally disabled; and for reimbursing the total cost of using, producing, and providing services, products , and care. All moneys received as payments from medical assistance on and after August 1, 1978; as payments from all other sources including other payments under s. 46.10 and payments under s. 51.437 (4rm) (c) received on and after July 1, 1978; as medical assistance payments, other payments under s. 46.10, and payments under s. 51.42 (3) (as) 2. received on and after January 1, 1979; as payments for the rental of state-owned housing and other institutional facilities at centers for the developmentally disabled and mental health institutes; for the sale of electricity, steam, or chilled water; as payments in restitution of property damaged at the mental health institutes or at centers for the developmentally disabled; for the sale of surplus property, including vehicles, at the mental health institutes or at centers for the developmentally disabled; and for other services, products, and care shall be credited to this appropriation, except that any payment under s. 46.10 received for the care or treatment of patients admitted under s. 51.10, 51.15, or 51.20 for which the state is liable under s. 51.05 (3), of patients admitted under s. 55.06 (9) (d) or (e) for which the state is liable under s. 55.05 (1), of forensic patients committed under ch. 971 or 975, admitted under ch. 975, or transferred under s. 51.35 (3), or of patients transferred from a state prison under s. 51.37 (5), to the Mendota mental health institute Mental Health Institute or the Winnebago mental health institute Mental Health Institute shall be treated as general purpose revenue — earned, as defined under s. 20.001 (4).

Note: Conforms capitalization to current style and adds articles for better readability.

103,27 Section 27. 20.435 (6) (hx) of the statutes is amended to read:

20.435 (6) (hx) Services related to drivers, receipts. The amounts in the schedule for services related to drivers. All moneys received by the state treasurer from the driver improvement surcharge on court fines and forfeitures authorized under s. 346.655 and all moneys transferred from the appropriation account under s. 20.395 (5) (di) shall be credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (ek) 3.76% of all moneys credited to this appropriation from the driver improvement surcharge. Any unencumbered moneys in this appropriation account may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5) (ci) and (di), and 20.455 (5) (h) by the secretary of administration, after consultation with the secretaries of health and family services and transportation, the superintendent of public instruction, the attorney general, and the president of the university University of Wisconsin system System.

Note: Conforms capitalization to current style and corrects grammar.

103,28 Section 28. 20.485 (1) (d) of the statutes is amended to read:

20.485 (1) (d) Cemetery maintenance and beautification. The amounts in the schedule for cemetery maintenance and beautification at the Wisconsin veterans memorial cemetery Veterans Memorial Cemetery at the Wisconsin veterans home Veterans Home at King.

Note: Conforms capitalization to current style.

103,29 Section 29. 20.485 (1) (gd) of the statutes is amended to read:

20.485 (1) (gd) Veterans home cemetery operations. All moneys received from the estate of the decedents under s. 45.37 (15) (c) for the burial of veterans and non-veterans in the Wisconsin veterans memorial cemetery Veterans Memorial Cemetery at the Wisconsin veterans home Veterans Home at King, to be used for that purpose.

Note: Conforms capitalization to current style.

103,30 Section 30. 20.485 (2) (em) of the statutes is amended to read:

20.485 (2) (em) Payments related to The Highground. From the general fund, as a continuing appropriation, the amounts in the schedule to make payments under s. 45.03 (3) related to the veterans memorial at The Highground in Clark county County. Moneys may not be spent from this appropriation without the approval of the joint committee on finance.

Note: Conforms capitalization to current style.

103,31 Section 31. 20.680 (3) (g) of the statutes is amended to read:

20.680 (3) (g) Board of bar examiners. All moneys received from the state bar State Bar of Wisconsin, attorney licensing exam fees, and attorney licensing fees for the operational expenses of the board of bar examiners.

Note: Conforms capitalization to current style.

103,32 Section 32. 20.680 (3) (h) of the statutes is amended to read:

20.680 (3) (h) Board of attorneys professional responsibility. All moneys received from the state bar State Bar of Wisconsin and any other revenue derived from the activities of the board for the operational expenses of and the expenses of disciplinary investigations and actions by the board of attorneys professional responsibility.

Note: Conforms capitalization to current style.

103,33 Section 33. 20.866 (2) (zb) of the statutes is amended to read:

20.866 (2) (zb) Medical college College of Wisconsin, inc. Inc.; basic science education and health information technology facilities. From the capital improvement fund, a sum sufficient for the medical college Medical College of Wisconsin, inc. Inc., to aid in the construction of a basic science education facility and in the funding of a health information technology center. The state may contract public debt in an amount not to exceed $10,000,000 for these purposes.

Note: Conforms capitalization to current style.

103,34 Section 34. 20.916 (3) of the statutes is amended to read:

20.916 (3) Furnishing of group transportation to place of work. The department of health and family services, the department of corrections, and the department of natural resources may, with the approval of the governor and the department of administration, provide group transportation, in the absence of convenient and public scheduled transportation, for employees to and from the Mendota and Winnebago mental health institutes and the centers for the developmentally disabled in the case of employees of the department of health and family services, to the Ethan Allen School, the Taycheedah Correctional Institution, and the Fox Lake Correctional Institution in the case of employees of the department of corrections, and to and from its temporary branch offices located at the Nevin fish hatchery Fish Hatchery grounds in the case of employees of the department of natural resources. Any employee, if injured while being so transported, shall be deemed considered to have been in the course of his or her employment.

Note: Conforms capitalization to current style and inserts preferred term.

103,35 Section 35. 20.916 (4m) of the statutes is renumbered 20.916 (4m) (b) and amended to read:

20.916 (4m) (b) Except as otherwise provided in this subsection paragraph, if any state agency determines that the an employee's duties of an employee require the use of a motor vehicle, and use of a personal motor vehicle is authorized by the agency under similar circumstances, the agency shall authorize the employee to use a personal motorcycle for such the employee's duties and shall reimburse the employee for such the use of the motorcycle at rates determined biennially by the secretary of employment relations under sub. (8), subject to the approval of the joint committee on employment relations. No state agency may authorize an employee to use or reimburse an employee for the use of a personal motorcycle under this subsection paragraph if more than one individual is transported on the motorcycle. All allowances for the use of a motorcycle shall be paid upon approval and certification of the amounts payable by the head of the state agency for which the employee performs duties to the department of administration. In this subsection, "motorcycle" has the meaning given under s. 340.01 (32).

Note: Moves definition to a separate paragraph at the beginning of the subsection, consistent with current style, and inserts specific references. See also the next section of this bill.

103,36 Section 36. 20.916 (4m) (a) of the statutes is created to read:

20.916 (4m) (a) In this subsection, "motorcycle" has the meaning given under s. 340.01 (32).

Note: See the previous section of this bill.

103,37 Section 37. 20.927 (1) of the statutes is renumbered 20.927 (1m).

Note: Accommodates the renumbering of a definition to the beginning of the section, consistent with current style. See the next section of this bill.

103,38 Section 38. 20.927 (4) of the statutes is renumbered 20.927 (1g).

Note: Moves definition to the beginning of the section, consistent with current style.

103,39 Section 39. 24.39 (4) (h) of the statutes is amended to read:

24.39 (4) (h) All rights to submerged lands and rights above submerged lands ceded, granted, or leased to municipalities, or other persons by prior acts of the state [1961] that were effective prior to October 10, 1961, shall not be affected by this subsection or by s. 30.11 (5).

Note: Inserts the effective date of ch. 355, laws of 1961, which created this provision, and language to clarify the applicability of this provision.

103,40 Section 40. 26.01 of the statutes is renumbered 26.01 (intro.) and amended to read:

26.01 Definition Definitions. (intro.) In this chapter, unless:

(1) Unless the context requires otherwise , "department" means the department of natural resources.

Note: Accommodates the renumbering of s. 26.11 (2) by this bill.

103,41 Section 41. 26.11 (1) of the statutes is amended to read:

26.11 (1) The department is vested with power, authority, and jurisdiction in all matters relating to the prevention, detection, and suppression of forest fires outside the limits of incorporated villages and cities in the state except as provided in sub. s. 26.01 (2), and to do all things necessary in the exercise of such power, authority, and jurisdiction.

Note: Deletes unnecessary term. Village means an incorporated village under s. 990.01 (45). Changes cross-reference in accordance with renumbering by this bill.

103,42 Section 42. 26.11 (2) of the statutes is renumbered 26.01 (2) and amended to read:

26.01 (2) The term "forest " Forest fire" as used in this chapter means uncontrolled, wild, or running fires occurring on forest, marsh, field, cutover, or other lands or involving farm, city, or village property and improvements incidental to the uncontrolled, wild, or running fires occurring on forest, marsh, field, cutover, or other lands.

Note: Renumbers definition applicable to all of ch. 26 to the definitions section at the beginning of the chapter consistent with current style.

103,43 Section 43. 27.11 (5) (a) of the statutes is renumbered 27.11 (5).

Note: Eliminates unnecessary paragraph designation. This provision is not subdivided.

103,44 Section 44. 28.11 (6) (b) 4. of the statutes is amended to read:

28.11 (6) (b) 4. Within 90 days after completion of any cutting operation (, including timber trespass), but not more than 2 years after filing the cutting notice, the county shall transmit to the department on forms furnished by the department, a report of merchantable wood products cut. The department may conduct such any investigations on timber cutting operations as that it deems considers to be advisable, including the holding of public hearings thereon on the timber cutting operations, and may assess severance share payments accordingly.

Note: Replaces parentheses and disfavored terminology to improve readability and to conform to current style.

103,45 Section 45. 28.11 (11) (a) of the statutes is renumbered 28.11 (11) (a) 1. and amended to read:

28.11 (11) (a) 1. The county board may by resolution adopted by not less than two-thirds of its membership make application to the department to withdraw lands entered under this section. The county board shall first refer the resolution to the county forestry committee, which shall consult with an authorized representative of the department in formulating its withdrawal proposal. The county board shall not take final action thereon on the application until 90 days after such referral of the application to the forestry committee or until the report thereon of the forestry committee regarding the application has been filed with the board. Such The application shall include the land description and, a statement of the reasons for withdrawal, and any restrictions or other conditions of use attached to the land proposed for withdrawal.

2. Upon the filing of such an application to withdraw lands under subd. 1., the department shall investigate the same and it may conduct a public hearing thereon if it deems it advisable at such time and place as it sees fit. If requested by the county in writing the department shall hold a public hearing the application. During the course of its investigation the department shall make an examination of the character of the land, the volume of timber, improvements, and any other special values and in. In the case of withdrawal for the purpose of sale to any purchaser other than the state or a local unit of government it, the department shall establish a minimum value on the lands to be withdrawn. In making its investigation the department shall give full weight and consideration to the purposes and principles set forth in sub. (1), and it shall also weigh and consider the benefits to the people of the state as a whole, as well as to the county, from the proposed use against the benefits accruing to the people of the state as a whole and to the county under the continued entry of such the lands to be withdrawn. The department may conduct a public hearing on the application, if it considers it advisable, at a time and place that it determines, except that if the county requests a public hearing in writing, the department shall hold a public hearing.

3. If the department finds that the benefits after withdrawal of the lands described in the application under subd. 2. outweigh the benefits under continued entry of the lands and that the lands will be put to a better and higher use, it shall make an order withdrawing such the lands from entry,; otherwise it shall deny the application.

4. If the application is denied, the county board may, by resolution adopted by not less than two-thirds of its membership, appeal to a review committee. The department shall submit the findings of its investigation and of any hearing on a proposed withdrawal to the committee, which shall be composed of one the following members:

a. One member appointed by the county board submitting the application for withdrawal; one.

b. One member who is appointed by the governor, who is from another county which that has land enrolled under the county forest law, this member to be appointed by the governor and to and who shall be chairperson of the review committee; one.

c. One member appointed by the department; one.

d. One member appointed by the University of Wisconsin from the college of agriculture; and a 5th College of Agricultural and Life Sciences.

e. One member to be selected by unanimous vote of the appointed members or by the governor, if they the appointed members fail to achieve unanimity. This , by the governor.

5. The review committee appointed under subd. 4. shall, by majority vote shall, within 60 days after receiving the findings of the department, either approve do one of the following:

a. Approve the application for withdrawal if it finds the proposed use to be of a greater benefit considering all losses and benefits to the people of the state as a whole, as well as to the people of the county, or shall provisionally.

b. Provisionally deny the application for withdrawal giving specific reasons why it finds the proposal deficient and making any suggestions for revising the application to reduce the conflict of the proposed use with the public interest.

6. If the committee approves a withdrawal under subd. 5., it shall notify the county board of its approval stating, as necessary, specific procedures to be followed by the county relating to such the withdrawal. The county board may then by a resolution approved by not less than two-thirds of its membership, withdraw the lands from the county forest law and shall send copies of this resolution to the department and to the county register of deeds who shall record the same resolution.

7. If the committee provisionally denies the proposed withdrawal under subd. 5., it may consider an amended application for withdrawal upon presentation of the application and supporting information, or it may require additional investigation of the amended application by the department before reconsidering the application. Any additional investigation shall include additional public hearings if requested by either the county, the department, or by the committee.

Note: Subdivides long provision, inserts specific references and cross-references, replaces disfavored terminology, reorders text, and modifies punctuation to improve readability and to conform to current style. Corrects and capitalizes college title.

103,46 Section 46. 30.207 (6) (intro.) of the statutes is renumbered 30.207 (6) (a).

Note: This provision is not introductory to the existing paragraph (b) that follows it but is separate and distinct and is renumbered accordingly.

103,47 Section 47. 30.90 of the statutes is renumbered 30.90 (1) (a) and amended to read:

30.90 (1) (a) Neither the county or town may provide, nor shall any subdivider be required or permitted to provide, public access to Lake Lions Lake in the town of Alban, Portage County, if such the public access will in any way interfere with the use of the lake as a recreational area for the physically handicapped as long as such use is continued.

(b) The department may stock said lake Lake Lions with fish as long as such use is continued, any provision in ch. 29 to the contrary notwithstanding.

(2) The town board of the town of Alban shall have jurisdiction over Lake Lions, and may enact and enforce such any ordinances necessary to prevent any deterioration of the said waters of Lake Lions or any nuisances which that would adversely affect the health or safety of the people.

Note: Makes lake name consistent and conforms capitalization to current style. Reorganizes text and subdivides provision to improve readability and to conform to current style, including moving text to a new sub. (1) (intro.) created by the next section of this bill.

103,48 Section 48. 30.90 (1) (intro.) of the statutes is created to read:

30.90 (1) (intro.) As long as Lake Lions in the town of Alban, Portage County, continues to be used as a recreational area for the physically handicapped, all of the following shall apply:

Note: See the previous section of this bill.

103,49 Section 49. 33.44 (1) (f) 1. of the statutes is amended to read:

33.44 (1) (f) 1. Except as provided in subds. 2. and 3., one member who is not a supervisor on the county board, who resides outside the city of Madison and whose name is on a list of at least 2 nominees submitted to the county executive by the Dane county towns association County Towns Association.

Note: Conforms capitalization to current style.

103,50 Section 50. 33.44 (1) (f) 2. of the statutes is amended to read:

33.44 (1) (f) 2. For terms subsequent to the initial term, the person appointed under this paragraph must reside outside the city of Madison and the person's name must be on a list of at least 2 nominees submitted to the county executive by the Dane county towns association County Towns Association. Unless the person has served continuously as the member appointed under this paragraph for all previous terms, including the initial term, the person may not be a supervisor on the county board.