1997 Wisconsin Act 35

Note: Corrects error in transcribing 1991 Wis. Act 316.

35,7 Section 7 . 13.101 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (d) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

Note: 1995 Wis. Act 27 repealed s. 20.435 (1) (c) effective 8-1-96.

35,8 Section 8 . 13.26 (1) (d) of the statutes is amended to read:

13.26 (1) (d) Giving or offering a bribe to a member, or attempting by menace or other corrupt means or device to control or influence a member in giving a member's vote or to prevent the member from voting.

Note: Corrects error in transcribing 1991 Wis. Act 316.

35,8m Section 8m. 13.48 (13) (a) of the statutes is amended to read:

13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department or, the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

Note: Corrects error in transcribing 1995 Wis. Act 216.

35,8p Section 8p. 13.48 (18) of the statutes, as affected by 1997 Wisconsin Act 5, section 2, is amended to read:

13.48 (18) Acquisition of open spaces. The building commission may acquire property adjacent to or within 2 blocks of any state facility for the purpose of establishing and developing open green spaces or possible future construction if such acquisition is to be solely used to meet the space needs of the state law library, the legislative reference bureau library and legislative and judicial branch agencies and support staffs

Note: 1997 Wis. Act 5, section 1, added the language stricken above. 1997 Wis. Act 5, section 2, amended s. 13.48 (18) as affected by Act 5, section 1, by deleting the material added by Act 5, section 1, but did not include all of the text added by Act 5, section 1. This provision carries out the intent of Act 5, section 2, to return s. 13.48 (13) to its pre-Act 5 status.

35,9 Section 9 . 13.485 (1) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read:

13.485 (1) The parking facility that is enumerated for construction in the 1985-87 authorized state building program and that is located in Milwaukee county on Lake Michigan may be the subject of an agreement under sub. (4) and s. 59.79 (7) and may be funded from the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18.

Note: 1995 Wis. Act 201 inserted “(7)" without showing it underscored. The change was intended.

35,10 Section 10 . 15.107 (7) (b) and (c) of the statutes are amended to read:

15.107 (7) (b) A representative of the unit in the department of health and social family services that deals with health statistics.

(c) A representative of the unit in the department of health and social family services that deals with the medical assistance program.

Note: 1995 Wis. Act 27, section 9126 (19), changed all occurrences of health and social services to health and family services effective 7-1-96. These 2 occurrences were missed in the editing process.

35,11 Section 11 . 16.11 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 115, is amended to read:

16.11 (3) (b) Each commission member is entitled to one vote. Except as otherwise specifically provided in this compact, an action of the commission is binding if a majority of the total membership cast casts its vote in the affirmative. A party state may direct its member or alternate member of the commission how to vote or not to vote on matters before the commission.

Note: Inserts correct word form.

35,12 Section 12 . 16.11 (3) (i) 7. of the statutes, as created by 1995 Wisconsin Act 115, is amended to read:

16.11 (3) (i) 7. Establish and implement procedures to investigate any complaint jointed joined in by 2 or more party states regarding another party state's performance of its obligations under this compact.

Note: Corrects spelling.

35,13 Section 13 . 16.11 (3) (j) 3. d. of the statutes, as created by 1995 Wisconsin Act 115, is amended to read:

16.11 (3) (j) 3. d. Provide moneys to be added to an inadequately funding funded long-term care fund as provided in sub. (6) (o).

Note: Inserts correct word form.

35,14 Section 14 . 16.11 (6) (L) 1. of the statutes, as affected by 1995 Wisconsin Act 115, is amended to read:

16.11 (6) (L) 1. No compact facility shall begin operating until the commission designates the host state of the next compact facility.

Note: Inserts missing word.

35,15 Section 15 . 16.11 (8) (j) of the statutes, as created by 1995 Wisconsin Act 115, is amended to read:

16.11 (8) (j) Unless explicitly abrogated by the state legislation dissolving this compact, or if dissolution results from withdrawal of congressional consent, the limitations on the investment and use of long-term care funds in sub. (6) (o) and (q) 4., the contractual obligations in sub. (5) (f), the indemnification obligations and contributions contribution rights in subs. (6) (o), (s) and (t) and (7) (g) and the operation rights and indemnification and hold-harmless obligations in sub. (6) (q) shall remain in force notwithstanding dissolution of this compact.

Note: Inserts correct word form.

35,16 Section 16 . 16.51 (7) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

16.51 (7) (title) Audit claims for expenses in connection with prisoners and children juveniles in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children juveniles in secured correctional facilities, as defined in s. 938.02 (15m), including prisoners or children juveniles transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's juvenile's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children juveniles in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

Note: Replaces “child" or “children" with “juvenile" or “juveniles", respectively, for consistency of references with language of ch. 938.

35,17 Section 17 . 16.846 (3) of the statutes, as created by 1995 Wisconsin Act 174, is amended to read:

16.846 (3) All fines imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with s. 59.20 (5) and (8) 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

Note: 1995 Wis. Act 201 renumbered s. 59.20 (5) and (8) to be s. 59.25 (3) (f) and (j).

35,18 Section 18 . 20.143 (3) (ka) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

20.143 (3) (ka) Interagency agreements. All moneys received through contracts or financial agreements for provision of services to other state agencies, except moneys appropriated under par. (kc) or (ks) or sub. (4) (kd), for the purpose of providing the services.

Note: Corrects cross-reference. Sub. (3) (kc) was renumbered sub. (4) (kd) by 1995 Wis. Act 216.

35,19 Section 19 . 20.143 (4) (kd) of the statutes, as created by 1995 Wisconsin Act 116, is renumbered 20.143 (4) (ke).

Note: 1995 Wis. Act 216 also created a s. 20.143 (4) (kd).

35,20 Section 20 . 20.145 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.145 (1) (g) General program operations. The amounts in the schedule for general program operations and for funding the activities of the office of health care information under s. 153.05 (8). Ninety percent of all moneys received under ss. 601.31, 601.32, 601.45 and 601.47 shall be credited to this appropriation.

Note: Adds missing word consistent with the language used in the ch. 20 schedule for this kind of appropriation.

35,21 Section 21 . 20.320 (1) (t) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

20.320 (1) (t) Principal repayment and interest — clean water fund bonds. From the clean water 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 clean water fund for the purposes specified in s. 25.43 (3). Fifty percent of all moneys received from municipalities as payment of interest on loans or portions of loans under ss. 144.241 281.58 and 144.2415 281.59 the revenues of which have not been pledged to secure revenue obligations shall be credited to this appropriation account.

Note: Inserts correct cross-references. Sections 144.241 and 144.2415 were renumbered to ss. 281.58 and 281.59 by 1995 Wis. Act 227.

35,22 Section 22. The amendment of 20.370 (2) (bL) of the statutes by 1995 Wisconsin Act 227 is not repealed by 1995 Wisconsin Act 378. Both amendments stand.

Note: There is no conflict of substance.

35,23 Section 23 . The amendment of 20.370 (3) (ma) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 227. Both amendments stand.

Note: There is no conflict of substance.

35,24 Section 24 . 20.395 (1) (gq) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read:

20.395 (1) (gq) Expressway policing aids, state funds. The amounts in the schedule to reimburse any county policing expressways under s. 59.83 59.84 (10) (b).

Note: 1995 Wis. Act 201 changed the cross-reference in this provision from s. 59.965 to s. 59.83, but renumbered s. 59.965 to be s. 59.84.

35,25 Section 25 . 20.410 (3) (ho) of the statutes, as affected by 1995 Wisconsin Act 416, is amended to read:

20.410 (3) (ho) Juvenile residential aftercare. The amounts in the schedule for providing foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52. All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing foster care, treatment foster care, group home care and institutional child care to delinquent children juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 as specified in s. 301.26 (4) (e) shall be credited to this appropriation account. If moneys generated by the monthly rate exceed actual fiscal year foster care, treatment foster care, group home care and institutional child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement in foster care, treatment foster care, group home care or institutional child care. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).

Note: Replaces “children" with “juveniles" consistent with references in ch. 938.

35,26 Section 26 . 20.410 (3) (o) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

20.410 (3) (o) Federal aid; foster care and treatment foster care. All federal moneys received for meeting the costs of providing foster care, treatment foster care and institutional child care to delinquent children juveniles under ss. 938.48 (4) and (14) and 938.52, and for the cost of care for children under s. 49.19 (10) (d). All moneys received under this paragraph shall be deposited in the general fund as a nonappropriated receipt.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938.

35,27 Section 27 . The treatments of 20.435 (1) (gm) of the statutes by 1995 Wisconsin Act 27, 98 and 417 are not repealed by 1995 Wisconsin Act 468. All treatments stand.

Note: There is no conflict of substance.

35,28 Section 28 . 20.445 (1) (uy) of the statutes, as affected by 1995 Wisconsin Act 113, section 2t, is renumbered 20.445 (1) (uz).

Note: 1995 Wis. Act 27 renumbered s. 20.395 (1) (bz) to s. 20.445 (1) (uy).

35,29 Section 29 . 20.445 (3) (cn) of the statutes, as affected by 1995 Wisconsin Act 27, section 846, is amended to read:

20.445 (3) (cn) Child care for recipients and former recipients of aid to families with dependent children. The amounts in the schedule for paying 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 child care costs under s. 49.191 (1) (b) and, with the approval of the department under s. 49.191 (3) (b), for child care costs under s. 49.191 (1) (a) or 49.193 (8). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

Note: Section 49.191 (1) (a) was renumbered from s. 49.50 (6e) (a) by 1995 Wis. Act 27. Section 49.50 (6e) (a) was repealed by 1995 Wis. Act 289, without taking into account the treatment by Act 27. The repeal stands.

35,30 Section 30 . 20.445 (3) (dc) of the statutes, as affected by 1995 Wisconsin Act 27, section 850, is amended to read:

20.445 (3) (dc) Emergency assistance program. The amounts in the schedule for emergency assistance for families with needy children under s. 49.19 (11) (b) 49.138. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds allocated but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

Note: Inserts correct cross-reference. Section 49.19 (11) (b) was renumbered to s. 49.138 by 1995 Wis. Act 289.

35,31 Section 31 . 20.445 (3) (df) of the statutes, as affected by 1995 Wisconsin Act 27, section 854, is amended to read:

20.445 (3) (df) Employment and training programs. The amounts in the schedule for the learnfare program under s. 49.26 (1), the job opportunities and basic skills program under s. 49.193, the work experience and job training program under s. 49.36, the food stamp employment and training project under s. 49.124 (1m), the parental responsibility pilot program under s. 49.25, paying child care costs under s. 49.191 (1) (a) and, with the approval of the department under s. 49.193 (8) (bm), for child care costs under s. 49.191 (1) (b) or (2) or 49.26 (1) (e). Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

Note: Section 49.191 (1) (a) was renumbered from s. 49.50 (6e) (a) by 1995 Wis. Act 27. Section 49.50 (6e) (a) was repealed by 1995 Wis. Act 289, without taking into account the treatment by Act 27. The repeal stands.

35,32 Section 32 . 20.566 (7) (v) of the statutes, as affected by 1995 Wisconsin Act 227, is amended to read:

20.566 (7) (v) Investment and local impact fund. From the investment and local impact fund, all moneys received under s. 70.395 (1) (a), (1g) (b) and (2) (dc) and (dg), less the moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d) to (g), 293.33 (4) and 293.85 293.65 (5) (a).

Note: 1995 Wis. Act 227 renumbered s. 144.855 to s. 293.65. Act 227 amended the cross-reference in this provision from s. 144.855 to s. 293.85. The intent was that the cross-reference correspond with the renumbering.

35,33 Section 33 . 20.575 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of carrying out general program operations. Except as provided under par. (ka), all amounts received by the secretary of state, including fees under chs. 132 and 137 and all moneys transferred from the appropriation under s. 20.566 (4) 20.144 (1) (g), shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10% of that fiscal year's expenditures under this appropriation shall lapse to the general fund.

Note: There is no s. 20.566 (4) (g). The original governor's budget provided for a transfer to this appropriation under s. 20.566. That appropriation was changed to s. 20.144 in 1995 Wis. Act 27, as enacted, but this cross-reference was not changed accordingly.

35,34 Section 34 . The amendment of 20.865 (1) (a) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.

Note: There is no conflict of substance.

35,35 Section 35 . The amendment of 20.865 (1) (g) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.

Note: There is no conflict of substance.

35,36 Section 36 . The amendment of 20.865 (1) (q) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 400. Both amendments stand.