1997 Wisconsin Act 35

35,393m Section 393m. 289.10 (title) of the statutes is amended to read:

289.10 (title) County solid waste management plans.

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,394 Section 394 . 289.24 (4) (title) of the statutes is created to read:

289.24 (4) (title) Distribution.

Note: The other subsections of s. 289.24 have titles.

35,395 Section 395 . 289.33 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 201, section 596, and 1995 Wisconsin Act 227, section 626, is amended to read:

289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (13), (14), (15), (19), (20),(51), (52) and (53) (23) , 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), and (26), (28), (30), (31), (32) and (33) 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8), 87.30, 91.73, 196.58, 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.

Note: 1995 Wis. Act 201 renumbered the provisions of ch. 59. The cross-references in this provision were amended according to the original draft of Act 201, but not all subsequent changes were accounted for.

35,396 Section 396 . The treatment of 289.41 (1m) (b) 1. of the statutes, as renumbered, by 1995 Wisconsin Act 227, section 588, is not repealed by 1995 Wisconsin Act 377, section 1. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 289.41 (1m) (b) 1 by Act 227.

35,397 Section 397 . The amendment of 289.43 (7) (c) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 595, is not repealed by 1995 Wisconsin Act 227, section 580. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 289.43 (7) (c) by Act 227.

35,397m Section 397m. 291.23 (title) of the statutes is amended to read:

291.23 (title) Transportation Licenses; transportation.

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,398 Section 398 . 292.11 (9) (d) 1. d. of the statutes, as affected by 1995 Wisconsin Act 227, section 707, is amended to read:

292.11 (9) (d) 1. d. “Registered" means registered under the federal insecticide, fungicide, and rodenticide act, as amended (7 USC 136 et. seq.), and regulations issued under that act or registered under the rules of the department of agriculture, trade and consumer protection.

Note: Deletes unnecessary period.

35,398m Section 398m. 293.13 (title) of the statutes is amended to read:

293.13 (title) Department powers duties.

Note: Corrects error in transcribing 1995 Wis. Act 227.

35,399 Section 399 . The amendment of 295.13 (1) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 598, is not repealed by 1995 Wisconsin Act 227, section 803. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 295.13 (1) by 1995 Wis. Act 227.

35,400 Section 400 . The amendment of 295.13 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 225, section 411, is not repealed by 1995 Wisconsin Act 227, section 803. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 295.13 (2) by 1995 Wis. Act 227.

35,401 Section 401 . 299.95 of the statutes, as affected by 1995 Wisconsin Act 227, section 829, and 1995 Wisconsin Act 290, section 12, is amended to read:

299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss., and 144.783 281.48, 285.57 and, 285.59 and 299.64, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss., and 144.783 281.48, 285.57 and, 285.59 and 299.64. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

Note: This bill renumbers s. 144.783 to s. 299.64. References in this provision to “this chapter" were changed by 1995 Wis. Act 227 to “chs. 281 to 285 and 289 to 295 and this chapter" to reflect the replacement of ch. 144 with several new chapters. The last reference was inadvertently retained.

35,402 Section 402 . 299.97 (1) of the statutes, as affected by 1995 Wisconsin Act 227, section 830, and 1995 Wisconsin Act 290, section 14, is amended to read:

299.97 (1) Any person who violates this chapter, except s. 144.78 (2), 144.783 (2), 299.15 (1), 299.51 (4) (b) or, 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

Note: This bill renumbers ss. 144.78 and 144.783 to ss. 299.62 and 299.64.

35,403 Section 403 . 301.03 (10) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, county departments under s. ss. 46.215, 46.22 and 46.23 and licensed child welfare agencies and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to children juveniles who have been adjudicated delinquent.

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

35,404 Section 404 . 301.03 (10) (g) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

301.03 (10) (g) Keep statistics, by race, age and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938 waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3).

Note: Inserts missing word.

35,405 Section 405 . The amendment of 301.031 (1) (a) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 225. Both amendments stand.

Note: There is no conflict of substance.

35,406 Section 406 . 301.20 of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.20 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems considers necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed under the supervision of the department under s. 938.34 (4h) or (4m). All laws pertaining to the care of children juveniles received under s. 938.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 938.52.

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

35,407 Section 407 . 301.26 (4) (bm) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (bm) Notwithstanding par. (b), the county department under s. 46.21, 46.22 or 46.23 of the county of residency of a child juvenile who has been adjudicated delinquent by a court of another county or by a court of another multicounty jurisdiction may voluntarily assume liability for the costs payable under par. (a). A county department may assume liability under this paragraph by a written agreement signed by the director of the county department that assumes liability under this paragraph and the director of the county department that is otherwise liable under par. (b).

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,408 Section 408 . 301.26 (4) (cm) 1. of the statutes, as affected by 1995 Wisconsin Acts 77 and 352, is amended to read:

301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child juvenile 14 years of age or over who has been placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any child juvenile 10 years of age or over who has been placed in a juvenile correctional institution or a secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,409 Section 409 . 301.26 (4) (cm) 2. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.26 (4) (cm) 2. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing juvenile correctional institutions, secured child caring institutions, as defined in s. 938.02 (15g), alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any child juvenile 14 years of age or over and under 18 years of age who has been placed in a juvenile correctional facility under s. 48.366 based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,410 Section 410 . 301.26 (4) (e) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.26 (4) (e) For 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 payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (3) (ho).

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

35,411 Section 411 . 301.26 (4) (f) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

301.26 (4) (f) For services under s. 51.35 (3), payments made under par. (d) for services to children juveniles who are ineligible for medical assistance under subch. IV of ch. 49 and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (2) (gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938 and this section, as affected by 1995 Wis. Act 77.

35,412 Section 412 . 301.26 (7) (h) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 1996 and $1,062,400 in the first 6 months of 1997 for the provision of corrective sanctions services for children juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

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

35,413 Section 413 . 301.263 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children juveniles statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance, during the most recent 2-year period for which that information is available.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,414 Section 414 . The amendment of 301.37 (1) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 281. Both amendments stand.

Note: There is no conflict of substance.

35,414m Section 414m. 301.45 (6) (c) of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

301.45 (6) (c) Notwithstanding pars. (a) and (b), a person who first became subject to subs. (2) to (4) under 1995 Wisconsin Act 440 and who was in prison or a secured correctional facility or a secured child caring institution, in institutional care, or on probation, parole, supervision, aftercare supervision, corrective sanctions supervision, conditional transfer or conditional release during the period beginning on December 25, 1993, and ending on May 30 31, 1997, shall be allowed until January 1, 1998, to comply with the requirements under subs. (2) to (4).

Note: Corrects error in transcribing 1995 Wis. Act 440.

35,415 Section 415 . 302.38 (4) of the statutes, as affected by 1995 Wisconsin Act 281, is amended to read:

302.38 (4) The governmental unit paying the costs of medical or hospital care under this section, regardless of whether the care is provided in or out of the jail or house of correction, may collect the value of the same from the prisoner or the prisoner's estate as provided for in s. 49.08. If applicable, the governmental unit may proceed to collect under this section or may seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

Note: 1995 Wis. Act 281 provided that it amended this provision “as affected by 1995 Wisconsin Act 43". However, the language stricken above was stricken by 1995 Wis. Act 43, but reinserted by Act 281 without being underscored. No change was intended.

35,416 Section 416 . 302.425 (2g) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

302.425 (2g) County departments and department; general authority. Subject to the limitations under sub. (3m), a county department or the department of may place in the home detention program any child juvenile who is in its custody or under its supervision.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938 and this chapter, as affected by 1995 Wis. Act 77. Deletes unnecessary word.

35,417 Section 417 . The amendment of 302.425 (3) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 281. Both amendments stand.

Note: There is no conflict of substance.

35,418 Section 418 . 302.425 (3m) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

302.425 (3m) (title) Placement of a child juvenile in the program. The department or, upon the agreement of the department, the county department may place the child juvenile in the home detention program and provide that the child juvenile be detained at the child's juvenile's place of residence or other place designated by the department or the county department and be monitored by an active electronic monitoring system. The department or the county department shall provide reasonable terms of detention and ensure that the child juvenile receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child juvenile or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938 and this chapter, as affected by 1995 Wis. Act 77.

35,419 Section 419 . 302.425 (4) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

302.425 (4) Departmental duties. The department shall ensure that electronic monitoring equipment units are available, pursuant to contractual agreements with county sheriffs and county departments, throughout the state on an equitable basis. If a prisoner is chosen under sub. (3) or a child juvenile is chosen under sub. (3m) to participate in the home detention program, the department shall install and monitor electronic monitoring equipment. The department shall charge the county a daily per prisoner fee or per child juvenile fee, whichever is applicable, to cover the department's costs for these services.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938 and this chapter, as affected by 1995 Wis. Act 77.

35,420 Section 420 . 341.03 (1) of the statutes, as created by 1995 Wisconsin Act 128, is amended to read:

341.03 (1) Prohibition. No person may operate or knowingly permit the operation of a motor vehicle if the registration for that vehicle is suspended, revoked or canceled under s. 144.42 285.30 (6) (d) or 342.255, ch. 344 or this chapter, or if the registration for that vehicle is suspended, canceled or revoked under the law of another jurisdiction.

Note: Inserts correct cross-reference. Section 144.42 was renumbered to s. 285.30 by 1995 Wis. Act 227.

35,421 Section 421 . 341.308 (1) of the statutes is amended to read:

341.308 (1) The owner of a fleet of 100 or more trailers, each having a gross weight or of 4,500 pounds or less and used for hire or rental, may register the trailers for a 6-year period under this section.

Note: Corrects error in transcribing 1987 Wis. Act 212.