253,36
Section
36. 49.46 (2) (b) 18. of the statutes is repealed.
Note: By its terms, s. 49.46 (2) (b) 18. has no application after June 30, 2003.
253,37
Section
37. 49.46 (2) (d) of the statutes is amended to read:
49.46
(2) (d) Benefits authorized under this subsection may not include payment for that part of any service payable through
3rd party 3rd-party liability or any federal, state, county, municipal or private benefit system to which the beneficiary is entitled. "Benefit system" does not include any public assistance program such as, but not limited to, Hill-Burton benefits under
42 USC 291c (e), in effect on April 30, 1980, or relief funded by a relief block grant.
Note: Corrects spelling.
253,38
Section
38. 49.47 (6) (c) 2. of the statutes is amended to read:
49.47 (6) (c) 2. That part of any service otherwise authorized under this section which is payable through 3rd party 3rd-party liability or any federal, state, county, municipal or private benefit systems, to which the beneficiary may otherwise be entitled.
Note: Corrects spelling.
253,39
Section
39. 55.06 (11) (a) of the statutes is amended to read:
55.06 (11) (a) If, from personal observation of a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a board designated under s. 55.02 or an agency designated by it, it appears probable that an individual will suffer irreparable injury or death or will present a substantial risk of serious physical harm to others as a result of developmental disabilities, infirmities of aging, chronic mental illness or other like incapacities if not immediately placed, the person making the observation may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations and the basis for emergency placement. The statement shall be filed with the director of the facility and shall also be filed with any petition under sub. (2). At the time of placement the individual shall be informed by the director of the facility or the director's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a child or is indigent. The director or designee shall also provide the individual with a copy of the statement by the person making emergency placement.
Note: Inserts commas.
253,40
Section
40. 66.0713 (3) of the statutes is amended to read:
66.0713 (3) General obligation-local improvement bonds. For the purpose of anticipating the collection of special assessments payable in installments as provided in s. 66.0621 66.0715 (3) and after the installments have been determined, the governing body may issue general obligation-local improvement bonds under s. 67.16.
Note: Section 66.0715 relates to the payment of special assessments in installments. Section 66.0621 relates to revenue obligations and contains no provision relating to special assessments.
1999 Wis. Act 150 renumbered s. 66.0713 (3) from s. 66.54 (9) (a) and amended the above amended cross-reference from "this section" to s. 66.0621 (3). Act 150 also renumbered and amended s. 66.54 (10), changing the identical cross-reference to "special assessments payable in installments" from "this section" to s. 66.0715 (3). Prior to Act 150, special assessments payable in installments were provided for under s. 66.54 (7), which was renumbered to s. 66.0715 (3) by Act 150. There is no indication that the cross-reference in the former 66.54 (9) should have been treated differently than that in s. 66.54 (10).
66.1031 (3) (a) Alter or void the established width.
Note: Section 80.64 was renumbered by
2003 Wis. Act 214 to s. 66.1031. Due to a transcription error s. 66.1031 (3) (a) was inadvertently omitted from the published volumes.
253,42
Section
42. 67.16 (2) (a) of the statutes is amended to read:
67.16 (2) (a) For the purpose of anticipating the collection of special assessments payable in installments under s. 66.0621 66.0715 (3), the governing body of a local governmental unit, after the installments have been determined, may issue general obligation-local improvement bonds under this section.
Note: Section 66.0715 relates to the payment of special assessments in installments. Section 66.0621 relates to revenue obligations and contains no provision relating to special assessments.
1999 Wis. Act 150 renumbered s. 66.0713 (3) from s. 66.54 (9) (a) and amended a cross-reference from "special assessments payable in installments under this section" to "special assessments payable in installments under s. 66.0621 (3)."
1999 Wis. Act 150 also created s. 67.16 (2) (a) with language paralleling s. 66.54 (9) (a) and renumbered s. 66.54 (9) (b) and (c) to 67.16 (2) (b) and (c). Act 150 also renumbered and amended s. 66.54 (10), changing the identical cross-reference to "special assessments payable in installments" from "this section" to s. 66.0715 (3). Prior to Act 150, special assessments payable in installments were provided for under s. 66.54 (7), which was renumbered to s. 66.0715 (3) by Act 150. There is no indication that the cross-reference in the former 66.54 (9) or the new s. 67.16 should have been treated differently than that in s. 66.54 (10).
253,43
Section
43. 70.18 (1) of the statutes is amended to read:
70.18 (1) Personal property shall be assessed to the owner thereof, except that when it is in the charge or possession of some person other than the owner it may be assessed to the person so in charge or possession of the same. Telegraph and telephone poles, posts, railroad ties, lumber and all other manufactured forest products shall be deemed to be in the charge or possession of the person in occupancy or possession of the premises upon which the same shall be stored or piled, and the same shall be assessed to such person, unless the owner or some other person residing in the same assessment district, shall be actually and actively in charge and possession thereof, in which case it shall be assessed to such resident owner or other person so in actual charge or possession; but nothing contained in this clause subsection shall affect or change the rules prescribed in s. 70.13 respecting the district in which such property shall be assessed.
Note: Corrects cross-reference.
253,44
Section
44. 75.63 (1) (a) 2. of the statutes is amended to read:
75.63 (1) (a) 2. All legal charges for assessing and collecting the taxes described in subd. 1, and interest thereon at the rate of 8% per year from the January 15 in each year during which the the lands were assessed, commencing with the January following the first assessment after the sale.
Note: Deletes repeated word.
253,45
Section
45. 77.89 (2) (a) of the statutes is amended to read:
77.89 (2) (a) Each municipal treasurer shall pay 20% of each payment received under sub. (1) and under ss. 77.84 (2) (a), and (am), 77.85, and 77.876 to the county treasurer and shall deposit the remainder in the municipal treasury. The payment to the county treasurer for money received before November 1 of any year shall be made on or before the November 15 after its receipt. For money received on or after November 1 of any year, the payment to the county treasurer shall be made on or before November 15 of the following year.
Note: Corrects punctuation.
253,46
Section
46. 77.996 (6) of the statutes is amended to read:
77.996 (6) "Gross receipts" has the meaning given in s. 77.51 (4) (a), (b) 1. and 5., (c) 1. to 4., and (d). "Gross receipts" does not include the license fee imposed under s. 77.9661 77.9961 (1m) that is passed on to customers.
Note: Inserts correct cross-reference. There is no s. 77.9661. Section 77.996 creates definitions applicable to ss. 77.996 to 77.9965, and s. 77.9961 (1m) imposes a license fee on dry cleaning facilities.
253,47
Section
47. 79.03 (3c) (f) of the statutes is amended to read:
79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999; and $11,000,000 in the year 2000 and in the year 2001. The total amount to be distributed under this subsection from ss.
s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (b) and 20.855 (4) (rb), 2001 stats., in 2002 is $11,110,000 and the total amount to be distributed under this subsection from s. 20.835 (1) (b) in 2003 is $11,221,100 less the reductions under s. 79.02 (3) (c) 3.
Note: Changes order of citations in conformity with current style.
253,48
Section
48. 79.04 (7) (b) 1. of the statutes is renumbered 79.04 (7) (b).
Note: Section 79.04 (7) (b) does not contain other subdivisions.
2003 Wis. Act 31 created s. 79.04 (7) (b) 1. and 2. The creation of s. 79.04 (7) (b) 2. was removed from
2003 Wis. Act 31 by the governor's partial veto.
82.03 (2) (a) A greater sum is authorized by the town meeting.
Note: Section 81.01 (3) was renumbered by
2003 Wis. Act 214 to s. 82.03 (2). Due to a transcription error s. 82.03 (2) (a) was inadvertently omitted from the published volumes.
253,50
Section
50. 85.205 (1) of the statutes is repealed.
Note: By its terms, s. 85.205 (1) has no application after June 30, 2002.
253,51
Section
51. 85.205 (2) of the statutes is renumbered 85.205.
Note: After the repeal of s. 85.205 (1) by this bill, s. 85.205 has no other subsections.
253,52
Section
52. 86.03 (7) (title) of the statutes is created to read:
86.03 (7) (title) Cutting of veterans memorial trees; penalty.
Note: All other subsections of s. 86.03 have titles.
253,53
Section
53. 88.01 (4) of the statutes is amended to read:
88.01 (4) "Cost of construction" includes damages to lands both within and outside the district, reasonable attorneys' attorney fees for petitioners and the board, and all other reasonable and necessary expenses incurred in the organization of and in the construction and completion of the works of a drainage district.
Note: Makes spelling consistent with current style and the majority of statutes.
253,54
Section
54. 88.08 (4) of the statutes is amended to read:
88.08 (4) Before any order taxing costs is entered, a petitioner or the board or a person contesting the proceedings shall file with the clerk of the court a duly verified itemized statement of all costs, attorneys' attorney fees, and other liabilities incurred in prosecuting or contesting such proceedings, upon which an order shall be issued requiring the petitioners to show cause why an order taxing costs should not be entered against them for the amount of costs, attorneys' fees and other liabilities. Notice of hearing of such order to show cause shall be given to the petitioners as provided in s. 88.05 (3). Such order need not contain an itemized statement of such account, but shall state where such account is filed.
Note: Makes spelling consistent with current style and the majority of statutes.
253,55
Section
55. 97.02 (14) (a) of the statutes is amended to read:
97.02 (14) (a) Has partially or completely imbedded therein any nonnutritive object: provided, that this clause paragraph shall not apply in the case of any nonnutritive object if, in the judgment of the department as provided by regulations, such object is of practical functional value to the confectionary product and would not render the product injurious or hazardous to health;
Note: Corrects cross-reference.
253,56
Section
56. 97.02 (14) (c) of the statutes is amended to read:
97.02 (14) (c) Bears or contains any nonnutritive substance; but this clause paragraph shall not apply to a safe nonnutritive substance which is in or on confectionary by reason of its use for some practical functional purpose in the manufacture, packaging, or storing of the confectionary if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this chapter. The department may, for the purpose of avoiding or resolving uncertainty as to the application of this clause paragraph, promulgate rules allowing or prohibiting the use of particular nonnutritive substances.
Note: Corrects cross-reference.
253,57
Section
57. 100.174 (1) (g) 2. of the statutes is amended to read:
100.174 (1) (g) 2. Delivery to a 3rd party 3rd-party carrier for delivery to the buyer or the buyer's designee; or
Note: Corrects spelling.
253,58
Section
58. 100.201 (2) (f) of the statutes is amended to read:
100.201 (2) (f) Maintain or make repairs of any equipment owned by a retailer except those used exclusively for selected dairy products. On such repairs the wholesaler shall make charges for the service and parts at the same prices as are charged by third 3rd persons rendering such service in the community where the retailer is located but in no event shall the charges be less than the cost thereof to the wholesaler plus a reasonable margin of profit.
Note: Makes spelling consistent with current style and the majority of statutes.
253,59
Section
59. 101.9204 (1) (g) of the statutes is amended to read:
101.9204 (1) (g) If the manufactured home is a used manufactured home that was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement, in the form prescribed by the the department, pertaining to the title history and ownership of the manufactured home.
Note: Deletes repeated word.
253,60
Section
60. 102.29 (1) of the statutes is amended to read:
102.29 (1) The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall not affect the right of the employee, the employee's personal representative, or other person entitled to bring action, to make claim or maintain an action in tort against any other party for such injury or death, hereinafter referred to as a 3rd party; nor shall the making of a claim by any such person against a 3rd party for damages by reason of an injury to which ss. 102.03 to 102.64 are applicable, or the adjustment of any such claim, affect the right of the injured employee or the employee's dependents to recover compensation. The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death. If the department pays or is obligated to pay a claim under s. 102.81 (1), the department shall also have the right to maintain an action in tort against any other party for the employee's injury or death. However, each shall give to the other reasonable notice and opportunity to join in the making of such claim or the instituting of an action and to be represented by counsel. If a party entitled to notice cannot be found, the department shall become the agent of such party for the giving of a notice as required in this subsection and the notice, when given to the department, shall include an affidavit setting forth the facts, including the steps taken to locate such party. Each shall have an equal voice in the prosecution of said claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department. If notice is given as provided in this subsection, the liability of the tort-feasor shall be determined as to all parties having a right to make claim, and irrespective of whether or not all parties join in prosecuting such claim, the proceeds of such claim shall be divided as follows: After deducting the reasonable cost of collection, one-third of the remainder shall in any event be paid to the injured employee or the employee's personal representative or other person entitled to bring action. Out of the balance remaining, the employer, insurance carrier or, if applicable, uninsured employers fund shall be reimbursed for all payments made by it, or which it may be obligated to make in the future, under this chapter, except that it shall not be reimbursed for any payments of increased compensation made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57 or 102.60. Any balance remaining shall be paid to the employee or the employee's personal representative or other person entitled to bring action. If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer or department, join in the pressing of said claim and are represented by counsel, the attorneys' attorney fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court or by the department. A settlement of any 3rd party 3rd-party claim shall be void unless said settlement and the distribution of the proceeds thereof is approved by the court before whom the action is pending and if no action is pending, then by a court of record or by the department.
Note: Makes spelling consistent with current style and the majority of statutes.
253,61
Section
61. 102.29 (2) of the statutes is amended to read:
102.29 (2) In the case of liability of the employer or insurer to make payment into the state treasury under s. 102.49 or 102.59, if the injury or death was due to the actionable act, neglect or default of a third 3rd party, the employer or insurer shall have a right of action against such third the 3rd party to recover the sum so paid into the state treasury, which right may be enforced either by joining in the action mentioned in sub. (1), or by independent action. Contributory negligence of the employee because of whose injury or death such payment was made shall bar recovery if such negligence was greater than the negligence of the person against whom recovery is sought, and the recovery allowed the employer or insurer shall be diminished in proportion to the amount of negligence attributable to such injured or deceased employee. Any action brought under this subsection may, upon order of the court, be consolidated and tried together with any action brought under sub. (1).
Note: Makes spelling consistent with current style and the majority of statutes.
253,62
Section
62. 102.29 (5) of the statutes is amended to read:
102.29 (5) An insurer subject to sub. (4) which fails to comply with the notice provision of that subsection and which fails to commence a 3rd party 3rd-party action, within the 3 years allowed by s. 893.54, may not plead that s. 893.54 is a bar in any action commenced by the injured employee under this section against any such 3rd party subsequent to 3 years from the date of injury, but prior to 6 years from such date of injury. Any recovery in such an action is limited to the insured liability of the 3rd party. In any such action commenced by the injured employee subsequent to the 3-year period, the insurer of the employer shall forfeit all right to participate in such action as a complainant and to recover any payments made under this chapter.
Note: Corrects spelling.
253,63
Section
63. 102.81 (2) of the statutes is amended to read:
102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 20.930 and subch. IV of ch. 16 do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).
Note: Inserts the correct cross-reference. Section 20.930 relates to authorization for incurring attorney fees. Section 20.918 relates to damaged personal articles.
1989 Act 64 created s. 102.81, which included the current reference to s. 20.918.
1989 Act 119 renumbered s. 20.918 to s. 20.930 and created a new, unrelated s. 20.918 without taking Act 64 into account.
253,64
Section
64. 103.56 (4) of the statutes is amended to read:
103.56 (4) A temporary restraining order issued under sub. (3) shall be effective for no longer than 5 days and, at the expiration of the 5-day period, shall become void and not subject to renewal or extension, except that if the hearing for a temporary injunction s begins before the expiration of the the 5-day period the restraining order may in the court's discretion be continued until a decision is reached on the issuance of the temporary injunction.
Note: Deletes repeated word. Also deletes unnecessary letter "s".
253,65
Section
65. 108.09 (4) (c) of the statutes is amended to read:
108.09 (4) (c) Late appeal. If a party files an appeal which is not timely, an appeal tribunal shall review the appellant's written reasons for filing the late appeal. If those reasons, when taken as true and construed most favorably to the appellant, do not constitute a reason beyond the appellant's control, the appeal tribunal may dismiss the appeal without a hearing and issue a decision accordingly. Otherwise, the department may schedule a hearing concerning the question of whether the the appeal was filed late for a reason that was beyond the appellant's control. The department may also provisionally schedule a hearing concerning any matter in the determination being appealed. After hearing testimony on the late appeal question, the appeal tribunal shall issue a decision which makes ultimate findings of fact and conclusions of law concerning whether the the appellant's appeal was filed late for a reason that was beyond the appellant's control and which, in accordance with those findings and conclusions, either dismisses the appeal or determines that the appeal was filed late for a reason that was beyond the appellant's control. If the appeal is not dismissed, the same or another appeal tribunal established by the department for this purpose, after conducting a hearing, shall then issue a decision under sub. (3) (b) concerning any matter in the determination.
Note: Deletes repeated word.
253,66
Section
66. 108.16 (8) (b) 2. of the statutes is amended to read:
108.16 (8) (b) 2. The transfer included at least 25% of the transferor's total business as measured by comparing the payroll experience assignable to the the portion of the business transferred with the transferor's total payroll experience for the last 4 completed quarters immediately preceding the date of the transfer.
Note: Deletes repeated word.
