1997 Wisconsin Act 35

35,37 Section 37 . 20.866 (1) (u) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.190 (1) (c), (i) and (j), 20.225 (1) (c), 20.245 (1) (e), (2) (e) and (j), (4) (e) and (5) (e), 20.250 (1) (e), 20.255 (1) (d), 20.285 (1) (d), (db), (fh), (ih) and (kd) and (5) (i), 20.320 (1) (c) and (t), 20.370 (7) (aa), (ac), (aq), (ar), (at), (ba), (ca), (cb), (cc), (cd), (ea) and (eq), 20.395 (6) (aq) and (ar), 20.410 (1) (e), (ec) and (ko) and (3) (e), 20.435 (2) (ee), and (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go) and (3) (t), 20.505 (5) (g) and (kc) and 20.867 (1) (a) and (b) and (3) (a), (b), (g), (h), (i) and (q) for the payment of principal and interest on public debt contracted under subchs. I and IV of ch. 18.

Note: 1995 Wis. Act 216 deleted the comma without showing it as stricken and inserted “and" without showing it as underscored. The change was intended.

35,38 Section 38 . The amendment of 20.866 (2) (tc) of the statutes by 1995 Wisconsin Act 227 is not repealed by 1995 Wisconsin Act 452. Both amendments stand.

Note: There is no conflict of substance.

35,39 Section 39 . 23.09 (20) (title) of the statutes is amended to read:

23.09 (20) (title) Aid Aids for the acquisition and development of local parks.

Note: Corrects error in transcribing 1987 Wis. Act 295.

35,40 Section 40 . 23.095 (1) (b) of the statutes, as created by 1995 Wisconsin Act 391, is amended to read:

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

Note: Inserts correct cross-reference. Section 144.76 (1) (a) was renumbered to s. 292.01 (3) by 1995 Wis. Act 227.

35,41 Section 41 . 23.095 (1) (c) of the statutes, as created by 1995 Wisconsin Act 391, is amended to read:

23.095 (1) (c) “Hazardous substance" has the meaning given in s. 144.01 (4m) 285.01 (21).

Note: Section 144.01 (4m) was repealed by 1995 Wis. Act 227. An identical definition of “hazardous substance" was created by Act 227 at s. 285.01 (21).

35,42 Section 42 . 23.50 (1) of the statutes, as affected by 1995 Wisconsin Acts 216, 227 and 290, is amended to read:

23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.783 (2), 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and, 287.81 and 299.64 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

Note: This bill renumbers s. 144.783 to s. 299.64.

35,43 Section 43 . The amendment of 23.53 (1) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 227. Both amendments stand.

Note: There is no conflict of substance.

35,44 Section 44 . 23.65 (1) of the statutes, as affected by 1995 Wisconsin Acts 227 and 290, is amended to read:

23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 144.783 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 or, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule promulgated pursuant thereto, has been committed the district attorney may proceed by complaint and summons.

Note: This bill renumbers s. 144.783 to s. 299.64.

35,45 Section 45 . 25.156 (2m) of the statutes is amended to read:

25.156 (2m) The investment board shall employe employ an internal auditor, who shall serve outside the classified service. The board shall fix the compensation of the internal auditor.

Note: Corrects spelling.

35,46 Section 46 . 25.17 (14m) 1. 2. and 3. of the statutes, as affected by 1995 Wisconsin Act 274, are renumbered 25.17 (14m) (a), (b) and (c).

Note: Renumbers paragraphs consistent with current style.

35,47 Section 47 . The amendment of 25.40 (1) (im) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 269. Both amendments stand.

Note: There is no conflict of substance.

35,48 Section 48 . 25.40 (2) (b) 15g. of the statutes, as created by 1995 Wisconsin Act 113, is amended to read:

25.40 (2) (b) 15g. Section 20.445 (1) (uy) (uz).

Note: This bill renumbers s. 20.445 (1) (uy) as affected by 1995 Wis. Act 113 to s. 20.445 (1) (uz).

35,48m Section 48m. 25.43 (2) (c) of the statutes is amended to read:

25.43 (2) (c) The department of administration may establish and change accounts in the clean water fund other than those under pars. (a) 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 program under s. 281.58 and or 281.59.

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

35,49 Section 49 . 27.12 (2) of the statutes is amended to read:

27.12 (2) For damages caused by want of repair. Neither the city nor any such private parties shall be liable for any damage resulting from insufficiency in such construction, maintenance or repair of any parks, parkways, boulevards or pleasure drives owned by the city and located outside of its limits; but the city may cause any of them or any part of either of them which is not in good repair, to be closed to the use of the public until the same shall be put in good repair. At conspicuous points along any such boulevard or pleasure drive a notice shall be placed at intervals not exceeding one mile, painted in large, plain letters, as follows: “Any person using this drive assumes all risk as to defects therein".

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

35,50 Section 50 . 29.06 (1) of the statutes, as affected by 1995 Wisconsin Acts 79, 126 and 225, is repealed and recreated to read:

29.06 (1) (a) All wild animals, or carcasses or parts thereof, that are confiscated by the department and all confiscated apparatus, appliances, equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department or its wardens, or by an agent on commission under the written authority and supervision of the department. The net proceeds of all sales under this subsection, after deducting the expense of seizure and sale and any commissions and any amounts owing to holders of security interests under par. (c) or (d), shall be promptly remitted, by the warden by whom or under whose authority and supervision the sales are made, to the department. The remittance shall be accompanied by a complete and certified report of the sales made under this subsection, supported by proper vouchers covering all deductions made for expenses and commissions, and shall be filed with the department.

(b) Of the remittance from the sales of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund.

(c) 1. In the case of the sale of a confiscated motor vehicle, the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists. The department shall, within 10 days after obtaining actual or constructive notice of any security interest in the seized motor vehicle, give the secured party notice of the time and place when there is to be any proceeding before a court pertaining to the confiscation of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.

2. The time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation as provided in s. 29.05 (8). The department shall give each secured party discovered in accordance with subd. 1. at least 10 days' notice of the time and place of sale of the motor vehicle.

3. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, proves to the court, or after judgment of confiscation, to the department, that the violation that led to the confiscation was not with the knowledge, consent or connivance of the holder of the security interest or with that of some person employed or trusted by the holder of the security interest, the amount due under the security agreement, together with any other deductions authorized under par. (a), shall be deducted from the proceeds of the sale of the confiscated motor vehicle and the amount due shall be paid to the one entitled. If a sufficient amount does not remain for the full payment of the amount due under the security agreement after making the other deductions authorized under par. (a), the amount remaining shall be paid to the one entitled.

(d) The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor vehicles under this subsection.

(e) This subsection shall not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. For purposes of this subsection, “deer" does not include farm-raised deer.

Note: Reconciles the treatments by 1995 Wis. Acts 79, 126 and 225.

35,51 Section 51 . 29.578 (14) (am) of the statutes is amended to read:

29.578 (14) (am) The department may issue special retail deer sale permits authorizing a person to retail a venison in the carcass from a deer lawfully killed under this section to any retailer of meats.

Note: Corrects error in transcribing 1991 Wis. Act 269.

35,52 Section 52 . The amendment of 30.12 (4) (a) 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.

35,53 Section 53 . 30.16 (1) (a) of the statutes is amended to read:

30.16 (1) (a) Removal. The governing body of any municipality in this state may cause to be removed to a convenient and safe place any watercraft or float obstructing or interfering with the free navigation of any river, canal, water channel or slip within its harbor after having given reasonable notice to the master or owner or the agent of the master or owner, if known and a resident of this state, or to the person in charge thereof, to so remove such watercraft or float. The governing body of the municipality by ordinance or resolution may authorize any harbor master or other public officer over whom it has jurisdiction to remove such the obstruction, and may prescribe the officer's duties with respect thereto and the mode of carrying them into effect and may prescribe penalties for violation of such ordinance or resolution.

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

35,54 Section 54 . The amendment of 30.202 (3) 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.

35,55 Section 55 . The amendment of 30.204 (5) 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.

35,56 Section 56 . 30.40 (7m) of the statutes, as created by 1995 Wisconsin Act 211, is amended to read:

30.40 (7m) “Nonmetallic mining" has the meaning given in s. 144.9407 (1) (a) 295.11 (3).

Note: Inserts correct cross-reference. Section 144.9407 (1) (a) was renumbered to s. 295.11 (3) by 1995 Wis. Act 227.

35,57 Section 57 . 30.44 (8) (a) of the statutes, as affected by 1995 Wisconsin Acts 201 and 211, is amended to read:

30.44 (8) (a) Except as provided under sub. (1) (f), a person shall apply for and be issued by the board a permit for an activity in subs. (1) to (5) for land in the riverway 59.692.

Note: Deletes text inserted by 1995 Wis. Act 201 which was rendered surplusage by the treatment by 1995 Wis. Act 211.

35,58 Section 58 . 30.44 (8) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 201 and 211, is amended to read:

30.44 (8) (c) (intro.) The board may grant a waiver of a performance standard for an activity in sub. (1) (b) and issue a permit under par. (a) or may grant a waiver authorizing an activity prohibited under s. 30.45 (3) or (3m) for land in the riverway 59.692 if one of the following applies:

Note: The insertion of “59.692" by 1995 Wis. Act 201 was rendered surplusage by the treatment by 1995 Wis. Act 211.

35,59 Section 59 . The treatment of 30.681 (1) (b) of the statutes by 1995 Wisconsin Act 290 is not repealed by 1995 Wisconsin Act 436. Both treatments stand.

Note: There is no conflict of substance.

35,60 Section 60 . The treatment of 30.681 (2) (b) of the statutes by 1995 Wisconsin Act 290 is not repealed by 1995 Wisconsin Act 436. Both treatments stand.

Note: There is no conflict of substance.

35,61 Section 61 . The treatment of 30.681 (2) (d) of the statutes by 1995 Wisconsin Act 290 is not repealed by 1995 Wisconsin Act 436. Both treatments stand.

Note: There is no conflict of substance.

35,62 Section 62 . 30.77 (3) (dm) 1. of the statutes, as created by 1995 Wisconsin Act 152, is amended to read:

30.77 (3) (dm) 1. In this paragraph, “local entity" means a city, village, town, county, qualified lake association, as defined in s. 144.253 281.68 (1), nonprofit conservation organization, as defined in s. 23.0955 (1), town sanitary district, public inland lake protection and rehabilitation district or another local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.

Note: Inserts correct cross-reference. Section 144.253 was renumbered to s. 281.68 by 1995 Wis. Act 227.

35,63 Section 63 . 33.32 (1) (f) of the statutes is amended to read:

33.32 (1) (f) An owner, mortgagee, lessee or other person having an interest in any parcel affected by the determination who feels aggrieved thereby, may, within 40 days after the date of mailing of notice, appeal therefrom to the circuit court of the county in which the district is located by causing a written notice of appeal to be served upon the secretary of the district. The secretary in case such appeal is taken shall make a brief statement of the proceedings had in the matter and shall transmit the same with all papers in the matter to the clerk of the circuit court. Such appeal shall be tried and determined in the same manner as cases originally commenced in said court.

Note: Removes comma added by 1991 Wis. Act 316. The comma was never shown in the printed statutes.

35,64 Section 64 . 36.09 (1) (j) of the statutes is amended to read:

36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employes specified in ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4) (j) or (4m) under this paragraph unless the salary increase conforms to the compensation plan for executive salary group positions as approved under s. 230.12 (3) (b) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the departments of administration and employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.

Note: Corrects error in transcribing 1987 Wis. Act 340.

35,65 Section 65 . The treatments of 40.05 (4) (b) of the statutes by 1995 Wisconsin Act 27, sections 1957 and 1957r, are not repealed by 1995 Wisconsin Act 240. All treatments stand.

Note: There is no conflict of substance.

35,66 Section 66 . The amendment of 40.08 (8) (b) of the statutes by 1995 Wisconsin Act 302 is not repealed by 1995 Wisconsin Act 414. Both amendments stand.

Note: There is no conflict of substance.

35,67 Section 67 . The amendment of 40.08 (14) of the statutes by 1995 Wisconsin Act 302 is not repealed by 1995 Wisconsin Act 414. Both amendments stand.

Note: There is no conflict of substance.