1997 Wisconsin Act 35

35,322 Section 322 . The amendment of 125.12 (2) (ag) 5. of the statutes by 1995 Wisconsin Act 417 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

35,323 Section 323 . 134.24 (3) (a) of the statutes, as created by 1995 Wisconsin Act 284, is amended to read:

134.24 (3) (a) No performing rights society may offer to enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless the performing rights society, at the time of the offer or between the time of the offer and 72 hours before the execution of the contract, provides to the proprietor a written notice of all of the obligations of the performing rights society as specified under sub. (2). The written notice shall also contain a statement as to whether the performing rights society is in compliance with any applicable federal law or court order that relates to the rates and terms of royalties to be paid by the proprietor or that relates to the circumstances or methods under which contracts subject to this section are offered to the proprietor.

Note: Deletes phrase “offer to" inadvertently repeated by 1995 Wis. Act 284.

35,324 Section 324 . 134.85 (4) (a) of the statutes is amended to read:

134.85 (4) (a) No motor fuel grantor may require a motor vehicle fuel dealer, who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her business open for more than 16 hours per day.

Note: Corrects error in transcribing 1989 Wis. Act 31.

35,325 Section 325 . The amendment of 138.05 (6) of the statutes by 1995 Wisconsin Act 328 is not repealed by 1995 Wisconsin Act 329. Both amendments stand.

Note: There is no conflict of substance.

35,326 Section 326 . The amendment of 139.39 (6) of the statutes by 1995 Wisconsin Act 233 is not repealed by 1995 Wisconsin Act 408. Both amendments stand.

Note: There is no conflict of substance.

35,327 Section 327 . 144.441 (2) (b) 2m. of the statutes, as created by 1995 Wisconsin Act 377, is renumbered 289.41 (1m) (b) 2m. and amended to read:

289.41 (1m) (b) 2m. The owner of an approved mining facility that commences operation after June 14, 1996, shall maintain proof of financial responsibility as provided in s. 144.443 this section during the operation of the approved mining facility and after the closing of the approved mining facility. The owner's obligation to maintain proof of financial responsibility terminates only as provided in par. (g).

Note: 1995 Wis. Act 227 renumbered s. 144.441 (2) to s. 289.41 (1m) and s. 144.443 to s. 289.41.

35,328 Section 328 . 144.441 (2) (g) of the statutes, as created by 1995 Wisconsin Act 377, is renumbered 289.41 (1m) (g).

Note: 1995 Wis. Act 227 renumbered s. 144.441 (2) to s. 289.41 (1m).

35,329 Section 329 . 144.78 of the statutes, as created by 1995 Wisconsin Act 290, is renumbered 299.62, and 299.62 (1) (am), as renumbered, is amended to read:

299.62 (1) (am) “Discharge" has the meaning given in s. 144.76 (1) (a) 292.01 (3).

Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by 1995 Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, “General Environmental Provisions", because its subject matter does not closely match the subject matter of any of the other new chapters. Section 144.76 (1) (a) is renumbered s. 292.01 (3) by Act 227.

35,330 Section 330 . 144.783 of the statutes, as created by 1995 Wisconsin Act 290, is renumbered 299.64, and 299.64 (1) (b), as renumbered, is amended to read:

299.64 (1) (b) “Open burning" has the meaning given in s. 144.436 (1) (b) 289.51 (1) (b).

Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by 1995 Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, “General Environmental Provisions", because its subject matter does not closely match the subject matter of any of the other new chapters and to correspond with the renumbering of s. 144.78 by this bill.

35,331 Section 331 . 144.985 of the statutes, as created by 1995 Wisconsin Act 290, is renumbered 299.66 and amended to read:

299.66 Inspecting vessels. An employe or agent of the department may board and inspect any vessel that is subject to s. 144.78 299.62 or 144.783 299.64 to determine the state of compliance with those provisions.

Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by 1995 Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, “General Environmental Provisions", because its subject matter does not closely match the subject matter of any of the other new chapters and to correspond with the renumbering of ss. 144.78 and 144.783 by this bill.

35,332 Section 332 . 146.0255 (2) of the statutes, as affected by 1995 Wisconsin Acts 386 and 448, is amended to read:

146.0255 (2) Testing. Any hospital employe who provides health care, social worker or intake worker under ch. 48 may refer an infant to a physician for testing of the infant's bodily fluids for controlled substances or controlled substance analogs if the hospital employe who provides health care, social worker or intake worker suspects that the infant has controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's use of controlled substances or controlled substance analogs while she was pregnant with the infant. The physician may test the infant to ascertain whether or not the infant has controlled substances or controlled substance analogs in the infant's bodily fluids, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's use of controlled substances or controlled substance analogs while she was pregnant with the infant and that the health of the infant may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report under s. 46.238.

Note: 1995 Wis. Act 448 changed the term “controlled substances" to “controlled substances or controlled substance analogs" throughout this section. 1995 Wis. Act 386 added a reference to “controlled substances", but that act did not take the treatment by Act 448 into account.

35,333 Section 333 . 146.40 (title) of the statutes is amended to read:

146.40 (title) Instructional programs for nurse's assistants and home health and hospice aids aides.

Note: Corrects error in transcribing 1991 Wis. Act 39.

35,334 Section 334 . 146.82 (2) (a) 9. b. of the statutes, as affected by 1995 Wisconsin Act 169, is amended to read:

146.82 (2) (a) 9. b. Except as provided in subd. 9. c. and d., to staff members of the protection and advocacy agency designated under s. 51.62 (2) or to staff members of the private, nonprofit corporation with which the agency has contracted under s. 51.62 (3) (a) 3., if any, for the purpose of protecting and advocating the rights of a person with development developmental disabilities, as defined under s. 51.62 (1) (am), who resides in or who is receiving services from an inpatient health care facility, as defined under s. 51.62 (1) (b), or a person with mental illness, as defined under s. 51.62 (1) (bm).

Note: Corrects spelling.

35,335 Section 335 . 150.84 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

150.84 (2) “Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10 or ch. 142.

Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective 6-29-96.

35,336 Section 336 . 155.01 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

155.01 (6) “Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10 or ch. 142.

Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective 6-29-96.

35,337 Section 337 . The amendment of 160.27 (5) 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.

35,338 Section 338 . 161.01 (12m) (f) of the statutes, as created by 1995 Wisconsin Act 281, is renumbered 961.01 (12m) (f).

Note: 1995 Wis. Act 448 renumbered ch. 161 to be ch. 961.

35,339 Section 339 . 161.36 (1m) of the statutes, as created by 1995 Wisconsin Act 305, is renumbered 961.36 (1m).

Note: 1995 Wis. Act 448 renumbered the remainder of this section to be s. 961.36.

35,340 Section 340 . 161.48 (2m) of the statutes, as created by 1995 Wisconsin Act 402, is renumbered 961.48 (2m).

Note: 1995 Wis. Act 448 renumbered the remainder of this section to be s. 961.48.

35,341 Section 341 . 165.76 (2) (b) 4. of the statutes, as affected by 1995 Wisconsin Act 440, is repealed and recreated to read:

165.76 (2) (b) 4. If subds. 1. to 3m. do not apply, the department of justice shall specify in its order the time and procedure for the person to provide the specimen under par. (a).

Note: 1995 Wis. Act 440 stated that it created s. 165.76 (2) (b) 4., but that provision already existed in identical form except that Act 440 changed “3." to “3m." This treatment is to clarify that the Act 440 version of s. 165.76 (2) (b) 4. replaces the previously existing version.

35,342 Section 342 . The amendment of 166.03 (4) (b) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 247. Both amendments stand.

Note: There is no conflict of substance.

35,343 Section 343. The amendment of 166.03 (4) (c) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 247. Both amendments stand.

Note: There is no conflict of substance.

35,344 Section 344 . 167.10 (6m) (f) of the statutes, as affected by 1995 Wisconsin Act 27, section 9130 (4), and1995 Wisconsin Act 330, is amended to read:

167.10 (6m) (f) The department of industry, labor and job development commerce may inspect at reasonable times the premises on which each person licensed under this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i) to (n).

Note: Inserts correct department name. 1995 Wis. Act 27 transferred the enforcement of this section from the department of industry, labor and human relations (DILHR) (now industry, labor and job development) to the department of development (now commerce). 1995 Wis Act 330, which inserted the reference to DILHR, did not take into account the treatment of s. 167.10 by Act 27.

35,345 Section 345 . The amendment of 174.001 (3) of the statutes by 1995 Wisconsin Act 79 is not repealed by 1995 Wisconsin Act 316. Both amendments stand.

Note: There is no conflict of substance.

35,346 Section 346 . 178.06 (3) of the statutes is renumbered 178.06 (3) (intro.) and amended to read:

178.06 (3) (intro.) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all of the partners have no authority to do any of the following:

(a) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership;.

(b) dispose Dispose of the good will goodwill of the business;.

(c) do Perform any other act which would make it impossible to carry on the ordinary business of the partnership;.

(d) confess Confess a judgment ; or.

(e) submit Submit a partnership claim or liability to arbitration or reference.

Note: Subdivides provision consistent with current style.

35,347 Section 347 . 178.46 (1) (c) of the statutes, as created by 1995 Wisconsin Act 97, is amended to read:

178.46 (1) (c) Contain the name of the drafter, if required by s. 14.38 (14) 182.01 (3).

Note: 1995 Wis. Act 27 renumbered s. 14.38 (14) to be s. 182.01 (3) effective 7-1-96.

35,348 Section 348 . 180.0126 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

180.0126 (1) If the department refuses to file a document received by his or her office the department for filing, the domestic corporation or foreign corporation may appeal the refusal by filing a petition in circuit court to compel the department to file the document. The domestic corporation or foreign corporation shall file the petition in the circuit court for the county where the domestic corporation's or foreign corporation's principal office or, if none in this state, its registered office is or will be located. The domestic corporation or foreign corporation shall attach to the petition the document and any explanation by the department of the reasons for the refusal to file.

Note: Inserts correct word.

35,349 Section 349 . 182.01 (3) (title) of the statutes is reenacted to read:

182.01 (3) (title) Name of drafter on documents.

Note: Corrects error in transcribing 1995 Wis. Act 27, section 53ad. The title was inadvertently deleted.

35,350 Section 350 . 182.025 (2) of the statutes is amended to read:

182.025 (2) Any foreign corporation licensed to transact any business in this state defined in ss. 76.02 (5b) (5) and 76.28 (1) and duly authorized to do so in accordance with the laws of the state of incorporation and by its charter may borrow money and execute its bonds or notes therefor; and to secure the payment of such bonds or notes to a fixed amount or in amounts to be from time to time determined by the board of directors may mortgage or trust deed any or all of the property, rights, privileges and franchises that it may own or thereafter acquire in this state and may, in and by mortgage or deed of trust, provide for the disposal of any of such property and the substitution of other property in its place. Every such mortgage or deed of trust may be recorded in the office of the register of deeds of the county designated by the corporation as its registered office in this state at the time of such recording and such record shall have the same effect as if such instrument were filed in the proper office as a chattel mortgage or financing statement and so remain until satisfied or discharged without any further affidavit, continuation statement or proceeding whatever.

Note: This bill renumbers s. 76.02 (5b) to s. 76.02 (5).

35,351 Section 351 . 182.40 (1) of the statutes is amended to read:

182.40 (1) The following government agencies are to be exempt from the payment of tolls: All armed forces of the United States including the Wisconsin national guards guard and national guard units from other states; the Wisconsin state defense force; and civilian defense organizations.

Note: Corrects spelling.

35,352 Section 352 . 183.0114 (2) (intro.) of the statutes is amended to read:

183.0114 (2) (intro.)  The secretary of state department may not collect a fee for any of the following:

Note: 1995 Wis. Act 27 transferred filing and registration responsibility under ch. 183 from the secretary of state to the department of financial institutions.

35,353 Section 353 . 186.098 (3) (title) of the statutes is created to read:

186.098 (3) (title) Loan applications.