1997 Wisconsin Act 35

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 The amendment of 302.425 (3) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 281.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.

35,422 Section 422 . 343.10 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts 269, 401 and 448, is amended to read:

343.10 (1) (a) If a person's license or operating privilege is revoked or suspended under this chapter or s. or 767.303 or 961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 161.50 767.303 or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.

Note: Corrects syntax that resulted from the treatments by 1995 Wis. Acts 401 and 448 and corrects cross-reference resulting from Act 269.

35,423 Section 423 . 343.10 (2) (a) 1. of the statutes, as affected by 1995 Wisconsin Act 269, is amended to read:

343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch. 344 or s. 161.50 961.50 within the one-year period immediately preceding the present revocation or suspension, except as provided in s. 344.40.

Note: Inserts correct cross-reference. Section 161.50 was renumbered to s. 961.50 by 1995 Wis. Act 448.

35,424 Section 424 . The amendment of 343.10 (5) (a) 1. of the statutes by 1995 Wisconsin Act 269 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

35,425 Section 425 . The amendment of 343.10 (5) (a) 2. of the statutes by 1995 Wisconsin Act 269 is not repealed by 1995 Wisconsin Act 436. Both amendments stand.

Note: There is no conflict of substance.

35,426 Section 426 . 343.10 (5) (b) of the statutes, as affected by 1995 Wisconsin Acts 401 and 448, is amended to read:

343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31 (3m), 343.32 (1m) and, 767.303 and 961.50.

Note: Corrects phrasing that resulted from merging the treatment by Wis. Acts 401 and 448.

35,427 Section 427 . 343.10 (6) of the statutes, as affected by 1995 Wisconsin Acts 201 and 269, is amended to read:

343.10 (6) Fee. No person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department 59.25 (3) (m).

Note: The stricken language was inserted by 1995 Wis. Act 201, but was rendered surplusage by the treatment of this provision by 1995 Wis. Act 269.

35,428 Section 428 . The treatments of 343.23 (2) of the statutes by 1995 Wisconsin Acts 113 and 184 are not repealed by 1995 Wisconsin Act 338. All treatments stand.

Note: There is no conflict of substance.

35,429 Section 429 . 343.30 (5) of the statutes, as affected by 1995 Wisconsin Act 448, section 346, is amended to read:

343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351 or 938 or s. 767.303, 800.09 (1) (c), 800.095 (4) (b) 4. or 961.50. When a court revokes, suspends or restricts a child's juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

Note: 1995 Wis. Act 448, section 346, repealed and recreated this provision without taking into account the treatments of this provision by 1995 Wis. Acts 338 and 401, which are added here. Replaces “child" with “juvenile" for consistency of references with the language of ch. 938.

35,430 Section 430 . The amendment of 343.305 (5) (d) of the statutes by 1995 Wisconsin Act 436 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

35,431 Section 431 . 343.305 (9) (d) of the statutes is amended to read:

343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined adversely to the person, the court shall proceed under sub. (10). If one or more of the issues is determined favorably to the person, the court shall order that no action be taken on the operating privilege on account of the person's refusal to take the test in question. This section does not preclude the prosecution of the person for violation of s. 346.63 (1), (2m), (5) or (7) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

Note: Inserts missing word.

35,432 Section 432 . The amendment of 343.305 (10) (em) of the statutes by 1995 Wisconsin Act 113 is not repealed by 1995 Wisconsin Act 425. Both amendments stand.

Note: There is no conflict of substance.

35,433 Section 433 . 346.57 (4) (a) to (g) and (i) to (k) of the statutes are amended to read:

346.57 (4) (a) 15 Fifteen miles per hour when passing a schoolhouse at those times when children are going to or from school or are playing within the sidewalk area at or about the school.

(b) 15 Fifteen miles per hour when passing an intersection properly marked with a “school crossing" sign of a type approved by the department when children are present.

(c) 15 Fifteen miles per hour when passing a safety zone occupied by pedestrians and at which a public passenger vehicle has stopped for the purpose of receiving or discharging passengers.

(d) 15 Fifteen miles per hour in any alley.

(e) 25 Twenty-five miles per hour on any highway within the corporate limits of a city or village, other than on highways in outlying districts in such city or village.

(em) 25 Twenty-five miles per hour on any service road within the corporate limits of a city or village unless modified by the authority in charge of the highway.

(f) 35 Thirty-five miles per hour in any outlying district within the corporate limits of a city or village.

(g) 35 Thirty-five miles per hour on any highway in a semiurban district outside the corporate limits of a city or village.

(i) 15 Fifteen miles per hour on any street or town road, except a state trunk highway or connecting highway, within, contiguous to or adjacent to a public park or recreation area when children are going to or from or are playing within such area, when the local authority has enacted an ordinance regulating such traffic and has properly marked such area with official traffic control devices erected at such points as said authority deems necessary and at those points on the streets or town roads concerned where persons traversing the same would enter such area from an area where a different speed limit is in effect.

(j) 35 Thirty-five miles per hour on any town road where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average less than 150 feet apart, provided the town board has adopted an ordinance determining such speed limit and has posted signs at such points as the town board deems necessary to give adequate warning to users of the town road.

(k) 45 Forty-five miles per hour on any highway designated as a rustic road under s. 83.42.

Note: Changes digits to words consistent with current style for the treatment of numbers that begin statutory units.

35,434 Section 434 . 346.57 (4) (gm) of the statutes, as affected by1995 Wisconsin Act 318, is amended to read:

346.57 (4) (gm) 65 Sixty-five miles per hour on any freeway or expressway.

Note: Changes digits to words consistent with current style for the treatment of numbers that begin statutory units.

35,435 Section 435 . The amendment of 348.27 (9m) of the statutes by 1995 Wisconsin Act 113 is not repealed by 1995 Wisconsin Act 163. Both treatments stand.

Note: There is no conflict of substance.

35,436 Section 436 . 348.27 (12) of the statutes is amended to read:

348.27 (12) Transportation of garbage or refuse. The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in s. 289.01 (9), or refuse, in a self-compactor equipped vehicle which exceeds statutory weight and length limitations and for the return of the vehicle when empty. A permit under this subsection may be issued for use on any highway within this state. In this subsection, “refuse" means combustible and noncombustible rubbish, including paper, wood, metal, glass, cloth an and products thereof, litter and street rubbish, ashes, and lumber, concrete and other debris resulting from the construction or demolition of structures.

Note: Corrects spelling.

35,437 Section 437 . 349.135 of the statutes, as created by 1995 Wisconsin Act 434, is renumbered 349.137.

Note: 1995 Wis. Act 373 also created an s. 349.135.

35,438 Section 438 . 349.135 (1) of the statutes, as created by 1995 Wisconsin Act 373, is amended to read:

349.135 (1) Notwithstanding s. 346.94 (16), the governing body of any town, city, village or county may, by ordinance, provide that, except as provided in s. 347.38 (1), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification devise device emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. The ordinance may provide that any person violating the ordinance may be required to forfeit not less than $40 nor more than $80 for the first violation and not less than $100 nor more than $200 for the 2nd or subsequent violation within a year.

Note: Corrects spelling.

35,439 Section 439 . 350.01 (6) of the statutes is amended to read:

350.01 (6) “Head lamp" “ Headlamp" has the meaning designated in s. 340.01 (21).

Note: Makes spelling consistent with s. 340.01 (21).

35,440 Section 440 . 350.01 (6m) of the statutes is amended to read:

350.01 (6m) “Head lamp Headlamp barrier" means a fence, natural growth, difference in elevation or other means of restricting the view that users of an adjacent roadway have of head lamps headlamps on a snowmobile trail.

Note: Makes spelling consistent with s. 340.01 (21).

35,441 Section 441 . 351.07 (1g) of the statutes, as created by 1995 Wisconsin Act 269, is amended to read:

351.07 (1g) No person may file a petition for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50% of the fee to the state treasurer under s. 59.20 (8r) 59.25 (3) (m) and retain the balance for the use of the county.

Note: Inserts correct cross-reference. Section 59.20 (8r) was renumbered to s. 59.25 (3) (m) by 1995 Wis. Act 201.

35,442 Section 442 . 402.305 (3) of the statutes is amended to read:

402.305 (3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other party may at his or her option treat the contract as canceled or fix a reasonable price.

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

35,443 Section 443 . 404.501 of the statutes, as affected by 1995 Wisconsin Act 449, is amended to read:

404.501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor. A bank that takes a documentary draft for collection shall prepare present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.