1997 Wisconsin Act 252

Note: By its terms, this provision does not apply after July 1, 1992.

252,106 Section 106 . 115.28 (19) (b) of the statutes is renumbered 115.28 (19) and amended to read:

115.28 (19) Federal discretionary funds. Ensure that federal aid received under 20 USC 1411 (c) (1) (A) after July 1, 1992, is not used to supplant or replace funding available from other sources.

Note: Deletes obsolete transition provision. See the previous section of this bill.

252,107 Section 107 . 115.40 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.40 (4) (a) The state superintendent and the secretary of health and social family services shall provide technical assistance to and consult with applicants regarding the preparation of their applications.

Note: The stricken language was inserted by 1997 Wis. Act 27 without being shown as underscored and the underscored language was deleted without being stricken. No changes were intended.

252,108 Section 108 . 115.40 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.40 (4) (b) The state superintendent and the secretary of health and social family services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19, or who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), was greater than 5%. In this paragraph, “membership" has the meaning given in s. 121.004 (5).

Note: The stricken language was inserted by 1997 Wis. Act 27 without being shown as underscored and the underscored language was deleted without being stricken. No change was intended.

252,109 Section 109 . 115.40 (4) (c) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.40 (4) (c) (intro.) The state superintendent and the secretary of health and social family services shall give preference in awarding grants under this section to all of the following:

Note: The stricken language was inserted by 1997 Wis. Act 27 without being shown as underscored and the underscored language was deleted without being stricken. No changes were intended.

252,110 Section 110 . The treatment of 115.81 (2) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

252,111 Section 111 . 115.85 (2m) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

Note: The underscored citation was deleted by 1997 Wis. Act 35, but the treatment of this provision by 1997 Wis. Act 27 requires its reinsertion.

252,112 Section 112 . The treatment of 115.92 (1) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 104. Both treatments stand.

Note: There is no conflict of substance.

252,113 Section 113 . 118.40 (1) (title) of the statutes is amended to read:

118.40 (1) (title) Notice to department state superintendent.

Note: Conforms title to text.

252,114 Section 114 . 118.40 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

118.40 (3) (d) A school board or an entity under s. 118.40 sub. (2r) (b) shall give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

Note: Corrects form of cross-reference.

252,115 Section 115 . 118.43 (6) (b) 4. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

118.43 (6) (b) 4. In the 1999-2000 school year, divide the amount appropriated by the sum of the number of low-income pupils enrolled in grades kindergarten to 3 in each school in this state covered by contracts under sub. (3) (a) and the number of low-income pupils enrolled in grades kindergarten to 2 in each school in this state covered by contracts under sub. (3) (am) and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts the under this section.

Note: Inserts correct language consistent with the treatments of s. 118.43 (6) (b) 3. and 6. which contain identical language.

252,116 Section 116 . The treatment of 119.04 (1) of the statutes by 1997 Wisconsin Act 77 is not repealed by 1997 Wisconsin Act 113. Both treatments stand.

Note: There is no conflict of substance.

252,117 Section 117 . 119.72 (2) (a) of the statutes is amended to read:

119.72 (2) (a) Children with a parent eligible for day care funds under s. 49.132 (4) (a) 1. to 3., 1995 stats., s. 49.132 (4) (a) 2., 1995 stats., or s. 49.132 (4) (a) 3., 1995 stats.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,118 Section 118 . 119.72 (2) (b) of the statutes is amended to read:

119.72 (2) (b) Children with a parent in need of child care services funded under s. 49.132, 1995 stats.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,119 Section 119 . 119.84 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

Note: By its terms, this provision does not apply after June 30, 1996.

252,120 Section 120 . 134.71 (1) (a) 1. of the statutes is amended to read:

134.71 (1) (a) 1. Audio-visual Audiovisual equipment.

Note: Corrects spelling.

252,121 Section 121 . The treatment of 146.40 (title) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,122 Section 122 . The treatment of 150.31 (5r) of the statutes by 1997 Wisconsin Act 13 is not repealed by 1997 Wisconsin Act 36. Both treatments stand.

Note: There is no conflict of substance.

252,123 Section 123 . The treatment of chapter 154 (title) of the statutes by 1995 Wisconsin Act 168 is not repealed by 1995 Wisconsin Act 200. Both treatments stand.

Note: There is no conflict of substance.

252,124 Section 124. 165.829 of the statutes is repealed.

Note: By its terms, this provision does not apply after October 1, 1997.

252,125 Section 125 . The treatment of 165.87 (1) (bn) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 36. Both treatments stand.

Note: There is no conflict of substance.

252,126 Section 126 . 180.1130 (13) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

180.1130 (13) (intro.) “Take-over offer" means the offer to acquire or the acquisition of any equity security, as defined in s. 552.01 (2), of a resident domestic corporation, pursuant to a tender offer or request or invitation for tenders, if after the acquisition thereof the offer or offeror, as defined in s. 552.01 (3), would be directly or indirectly a beneficial owner of more than 5% of any class of the outstanding equity securities of the issuer. “Take-over offer" does not include an offer or acquisition of any equity security of a resident domestic corporation pursuant to:

Note: A space was erroneously inserted by Act 27 changing “offeror" to “offer or". No change was intended.

252,127 Section 127 . The treatment of 224.72 (5) (b) 1. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,128 Section 128 . 233.10 (3) (a) (intro.) of the statutes is amended to read:

233.10 (3) (a) (intro.) In this subsection and subs. (3m), and (4) and (6), “carry-over employe" means an employe of the authority who satisfies all of the following:

Note: Section 233.10 (6) was repealed eff. 7-1-97 by 1995 Wis. Act 27.

252,129 Section 129 . The treatments of 252.10 (7) of the statutes by 1997 Wisconsin Acts 27, 75 and .... (Senate Bill 262) are not repealed by 1997 Wisconsin Act .... (Senate Bill 258). All treatments stand.

Note: There is no conflict of substance.

252,130 Section 130 . 253.12 (3) (c) of the statutes is amended to read:

253.12 (3) (c) Coordinate data dissemination activities of the department with those of the division for learning support, equity and advocacy in the department of education public instruction with respect to the information collected under sub. (2).

Note: The treatment of this provision by 1995 Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney. 1997 Wis. Act 27 returned affected statutes provisions to their pre-1995 Act 27 form by replacing “department of education" with “department of public instruction". This provision was inadvertently omitted from 1997 Wis. Act 27.

252,131 Section 131 . 253.12 (5) (a) 3. of the statutes is amended to read:

253.12 (5) (a) 3. To the division for learning support, equity and advocacy in the department of education public instruction, upon request, the name and address of an infant or child for whom a report is made under sub. (2) and other information necessary to aid the division in providing services to the infant or child. The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The division for learning support, equity and advocacy in the department of education public instruction may disclose information received under this paragraph only as necessary to provide services to the infant or child.

Note: The treatment of this provision by 1995 Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney. 1997 Wis. Act 27 returned other affected statutes provisions to their pre-1995 Act 27 form by replacing “department of education" with “department of public instruction". This provision was inadvertently omitted from 1997 Wis. Act 27.

252,132 Section 132 . 287.25 (4) (a) 7. of the statutes, as affected by 1997 Wisconsin Act 60, section 5, is amended to read:

287.25 (4) (a) 7. Consideration of the application or implementation of innovative technologies in a project which employs a proven technology in a waste reduction or recycling activity. Notwithstanding par. (f) subd. 6., a project which employs a proven technology may receive grant moneys for that portion of the project which implements innovative technologies and applications.

Note: The stricken language was deleted by 1997 Wis. Act 60 without being shown as stricken. The change was intended.

252,133 Section 133 . 287.25 (4s) of the statutes, as affected by 1997 Wisconsin Act 60, is amended to read:

287.25 (4s) Requests for proposals. The department may request proposals for a waste reduction and recycling activity or a community-wide waste reduction program eligible for funding under this section. Notwithstanding sub. (4) (a), (f) and (g) 6. and 7., the department may award a demonstration grant for a waste reduction and recycling project proposed in response to a request under this subsection that does not implement innovative technology. The amount awarded for demonstration grants under this subsection in a fiscal biennium may not exceed 50% of the total amount available for demonstration grants under this section in that fiscal biennium.

Note: 1997 Wis. Act 60 renumbered s. 287.25 (4) (g) and (f) to s. 287.25 (4) (a) 6. and 7. Act 60 erroneously changed the cross-reference to “sub. (f) and (g)" to sub. (4) (a), (f) and (g). There was no intent to add the former sub. (a) to the cross-reference.

252,134 Section 134 . 293.83 (1) (d) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 447), is amended to read:

293.83 (1) (d) Enforcement of orders. The department shall cancel the mining permit for a mining site held by an operator who fails to comply with an order issued under par. (a) 1. The department shall inform the department of justice of the cancellation within 14 days. After receiving notice of the cancellation, the department of justice is informed, it shall commence an action under s. 293.87.

Note: 1997 Wis. Act .... (AB 447) deleted the language stricken in this section without showing it as stricken. The change was intended.

252,135 Section 135 . The treatment of 301.26 (4) (e) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,136 Section 136 . 340.01 (25r) of the statutes is renumbered 340.01 (25j).

Note: Renumbers subsection to restore alphabetical order.

252,137 Section 137 . The treatment of 341.14 (1q) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 67. Both treatments stand.

Note: There is no conflict of substance.

252,138 Section 138 . The treatment of 342.30 (4) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 33. Both treatments stand.

Note: There is no conflict of substance.

252,139 Section 139 . The treatment of 343.51 (1) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 67. Both treatments stand.

Note: There is no conflict of substance.

252,140 Section 140 . The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 135. Both treatments stand.

Note: There is no conflict of substance.