1997 Wisconsin Act 252

Note: The word “an" was inserted by 1997 Wis. Act 27 without being shown as underscored. The change was intended.

252,20 Section 20 . 20.320 (1) (t) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

20.320 (1) (t) Principal repayment and interest — clean water fund program bonds. From the environmental improvement fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in transferring moneys from s. 20.866 (2) (tc) to the environmental improvement fund for the purposes of the clean water fund program under s. 281.58. Fifty percent of all moneys received from municipalities as payment of interest on loans or portions of loans under s. 281.58 281.59 the revenues of which have not been pledged to secure revenue obligations shall be credited to this appropriation account.

Note: The stricken language was inserted by Wis. Act 35, but rendered surplusage by the treatment by 1997 Wis. Act 27.

252,21 Section 21 . The treatment of 20.410 (3) (ho) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35.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.

252,22 Section 22 . 20.445 (1) (gd) of the statutes, as affected by 1997 Wisconsin Act 27, section 612m, and 1997 Wisconsin Act 39, section 9, is amended to read:

20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and 108.22, assessments under s. 108.19 (1m) and forfeitures under s. 103.05 (5), all moneys not appropriated under par. pars. (ge), (gf) and (gg) and all moneys transferred to this appropriation account from the appropriation account under par. (gh) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m), for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20, and for the payment of career counseling center grants under s. 106.14.

Note: The word “the" was deleted by 1997 Wis. Act 27, section 612m, without being shown as stricken. No change was intended. The correct form of “par." is inserted.

252,23 Section 23 . 20.445 (1) (gd) of the statutes, as affected by 1997 Wisconsin Act 39, section 10, is amended to read:

20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and 108.22, assessments under s. 108.19 (1m) and forfeitures under s. 103.05 (5), all moneys not appropriated under par. pars. (ge), (gf) and (gg) and all moneys transferred to this appropriation account from the appropriation account under par. (gh) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m), for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20.

Note: Inserts correct form of “par."

252,24 Section 24 . 20.445 (3) (cm) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

20.445 (3) (cm) Wisconsin works child care. The amounts in the schedule for paying child care subsidies under s. 49.155. Before October 1, 1997, moneys appropriated under this paragraph may be used to fund child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.191 (2), for child care and related transportation costs under s. 49.26 (1) (e), for at-risk and low-income child care under s. 49.132, 1995 stats., and for child care costs under ss. 49.191 (1) and 49.193 (8).

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

252,25 Section 25 . 20.445 (3) (jg) of the statutes is amended to read:

20.445 (3) (jg) State child care program operations. All moneys transferred from s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993 stats., for the purposes of providing child care services under ss. s. 49.132 (2m) and, 1995 stats., s. 49.132 (3), 1995 stats., and s. 49.191 (1) (b) and (2) and for providing training for child care providers. All moneys transferred from s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993 stats., shall be distributed in the calendar year immediately following the transfer according to an expenditure plan that is determined by the department and approved by the secretary of administration.

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

252,26 Section 26 . The treatment of 20.566 (7) (v) 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.

252,27 Section 27 . The treatments of 20.866 (1) (u) of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 35. All treatments stand.

Note: There is no conflict of substance.

252,28 Section 28 . 25.43 (2) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

25.43 (2) (c) The department of administration may establish and change accounts in the environmental improvement fund other than those under pars. (a), (am) and (b). The department of administration shall consult the department of natural resources before establishing or changing an account that is needed to administer the programs under ss. 281.58 or, 281.59 and 281.61.

Note: Deletes word inserted by 1997 Wis. Act 35 that was rendered surplusage by the treatment by 1997 Wis. Act 27.

252,29 Section 29 . The treatment of 25.67 (2) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 78. Both treatments stand.

Note: There is no conflict of substance.

252,30 Section 30 . The treatment of 29.092 (13m) (a) of the statutes by 1997 Wisconsin Act 1 is not repealed by 1997 Wisconsin Act 27. Both treatments stand.

Note: There is no conflict of substance.

252,31 Section 31 . 29.095 (6) of the statutes is repealed.

Note: By its terms, this provision does not apply after December 31, 1992.

252,32 Section 32 . 33.457 (5) of the statutes is repealed.

Note: The audits required by this provision have been completed by the legislative audit bureau.

252,33 Section 33 . 33.55 (1) (n) of the statutes, as created by 1997 Wisconsin Act 27, section 1148t, is amended to read:

33.55 (1) (n) One nonvoting representative from the southeastern Wisconsin regional planning commission, who shall be appointed by the chairperson of the southeastern Wisconsin regional planning commission.

Note: Clarifies which commission is to appoint the member. As applied to s. 33.54, commission is otherwise defined by s. 33.53 (2) to mean the Southeastern Wisconsin Fox River Commission.

252,34 Section 34 . 33.60 (1) (c) of the statutes, as created by 1997 Wisconsin Act 27, section 1148t, is amended to read:

33.60 (1) (c) The commission shall publish as a class 1 notice under ch. 985 in Racine County and in Waukesha County, at least 15 days before the public hearing, a summary of the budget, a notice of the place where a copy of the budget is located for public inspection and a notice of the time and place for a public hearing on the budget.

Note: Inserts missing word.

252,35 Section 35 . 40.51 (8m) of the statutes, as affected by 1997 Wisconsin Act 27, section 1325m, is amended to read:

40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 632.746 (1) to (8) and (10), 632.747 and, 632.748 and 632.895 (11) to (13).

Note: Deletes unnecessary word.

252,36 Section 36 . 44.09 (3) of the statutes is repealed.

Note: By its terms, this provision does not apply after June 30, 1994.

252,37 Section 37 . 45.351 (1g) of the statutes is repealed.

Note: By its terms, this provision does not apply after June 30, 1997.

252,38 Section 38 . 46.215 (1) (p) of the statutes is amended to read:

46.215 (1) (p) To establish and administer the child care program under s. 49.132 49.155.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill. The child care program under former s. 49.132 is now found at s. 49.155.

252,39 Section 39 . 46.22 (1) (b) 1. f. of the statutes is amended to read:

46.22 (1) (b) 1. f. To establish and administer the child care program under s. 49.132 49.155.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill. The child care program under former s. 49.132 is now found at s. 49.155.

252,40 Section 40 . The treatment of 46.495 (1) (d) of the statutes by 1997 Wisconsin Act 3, section 80, is not repealed by 1997 Wisconsin Act 27. Both treatments stand.

Note: There is no conflict of substance.

252,41 Section 41 . 48.299 (5) of the statutes is amended to read:

48.299 (5) On request of any party, unless good cause to the contrary is shown, any hearing under s. 48.209 (1) (e) or 48.21 (1) may be held on the record by telephone or live audio-visual audiovisual means or testimony may be received by telephone or live audio-visual audiovisual means as prescribed in s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audio-visual audiovisual means may be made by telephone.

Note: Corrects spelling.

252,42 Section 42 . 48.30 (10) of the statutes is amended to read:

48.30 (10) The court may permit any party to participate in hearings under this section by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

252,43 Section 43 . 48.335 (4) of the statutes is amended to read:

48.335 (4) At hearing hearings under this section, s. 48.357, 48.363 or 48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audio-visual audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.

Note: Corrects spelling.

252,44 Section 44 . 48.396 (2) (ag) of the statutes is amended to read:

48.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian or, legal custodian or child would result in imminent danger to anyone.

Note: Supplies omitted term. 1995 Wis. Act 352 amended this provision by inserting “anyone" as the last word, replacing “the child". The purpose of the change was to provide that inspection under this provision was not to be allowed where injury to anyone would result from inspection by anyone with inspection rights. The insertion of “child" is necessary to provide that harm from inspection by anyone with inspection rights can be prevented.

252,45 Section 45 . 48.396 (2) (am) of the statutes is amended to read:

48.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon the written permission of the child, if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.

Note: The 2nd clause of this provision provides for inspection of records upon written approval of the child, but the first clause does not authorize the child to give written permission. Language identical to that used in s. 48.396 (1m) and in s. 48.396 (1d) to grant the right to give written permission in related circumstances is inserted here.

252,46 Section 46 . 48.46 (1) of the statutes, as affected by 1997 Wisconsin Acts 104 and 114, is amended to read:

48.46 (1) Except as provided in subs. (1m) and, (2) and (3), the parent, guardian or legal custodian of the child or the child whose status is adjudicated by the court may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

Note: Replaces “and" with comma to reconcile the treatments of this provision by 1997 Wis. Acts 104 and 114.

252,47 Section 47 . The treatment of 48.57 (3m) (am) 4. 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.

252,48 Section 48 . The treatment of 48.57 (3m) (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.

252,49 Section 49 . The treatment of 48.57 (3m) (d) of the statutes by 1997 Wisconsin Act 3, section 95, is not repealed by 1997 Wisconsin Act 27. Both treatments stand.

Note: There is no conflict of substance.

252,50 Section 50 . 48.57 (3p) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1624, and 1997 Wisconsin Act 36, is amended to read:

48.57 (3p) (g) (intro.) Except as provided in The par. (h), the county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

Note: Reinserts language deleted by 1997 Wis. Act 36 and deletes language inserted by 1997 Wis. Act 36 as required to effectuate the amendment of this provision by 1997 Wis. Act 27, section 1624.

252,51 Section 51 . 48.57 (3p) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1624d, and 1997 Wisconsin Act 36, is repealed and recreated to read:

48.57 (3p) (g) (intro.) A county department or, in a county having a population of 500,000 or more, the department of health and family services may not make payments to a person applying for payments under sub. (3m) and a person receiving payments under sub. (3m) may not employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or permit a person to be an adult resident if any of the following applies:

Note: Recreates this provision as repealed and recreated by 1997 Wis. Act 27, section 1624d, to clarify that no change to the treatment of this provision by 1997 Wis. Act 27, section 1624d, was intended to be made by 1997 Wis. Act 36.

252,52 Section 52 . The treatment of 48.57 (3p) (g) 3. 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.

252,53 Section 53 . 48.57 (3p) (h) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

Note: 1997 Wis. Act 27, section 9423 (10f), provides that the repeal of s. 48.57 (3p) (h) takes effect on the day after publication of the 2001-03 biennial budget. Act 27 does not contain a provision repealing s. 48.57 (3p) (h). Drafting records show that the repeal was intended.

252,54 Section 54 . 48.651 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1653, is amended to read: