SB436: Bill Text

SB436,23,9 16.22 (2) (c) Prepare applications for approval by the corporation of national service program positions that are eligible for national service educational awards under the national and community service trust act of 1993, P.L. 103-82 42 USC 12601 and 12604.

Note: Inserts United States Code citation.

SB436, s. 53 Section 53. 16.54 (6) of the statutes is renumbered 16.54 (6) (intro.) and amended to read:

SB436,23,17 16.54 (6) (intro.) The governor may accept for the state the provisions of any act of congress whereby funds or other benefits are made available to the state, its political subdivisions, or its citizens, so far as the governor deems such considers the provisions to be in the public interest; and to. To this end, the governor may take or cause to be taken all necessary acts including (,without limitation because of enumeration) the, the following:

SB436,23,18 (a) The making of leases or other contracts with the federal government; the.

SB436,23,20 (b) The preparation, adoption and execution of plans, methods, and agreements, and the.

SB436,23,22 (c) The designation of state, municipal or other agencies to perform specific duties.

Note: Subdivides provision and replaces parentheses for greater conformity with current style.

SB436, s. 54 Section 54. 16.61 (2) (af) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB436,24,3 16.61 (2) (af) "Form" has the meaning specified in s. 16.97 (5m) (5p).

Note: This bill renumbers s. 16.97 (5m), as affected by 1995 Wisconsin Act 27, section 312, to s. 16.97 (5p).

SB436, s. 55 Section 55. 16.75 (3t) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,24,7 16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 16.97 (5m) (5p).

Note: This bill renumbers s. 16.97 (5m), as affected by 1995 Wisconsin Act 27, section 312, to s. 16.97 (5p).

SB436, s. 56 Section 56. 16.765 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,25,2 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause."

Note: Inserts missing quotation mark.

SB436, s. 57 Section 57. 16.80 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB436,25,11 16.80 Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 16.922 16.992 (1) (c), by public and private elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

Note: Corrects cross-reference. "Educational technology" is defined at s. 16.992 (1) (c). There is no s. 16.922.

SB436, s. 58 Section 58. 16.97 (5m) of the statutes, as affected by 1995 Wisconsin Act 27, section 312, is renumbered 16.97 (5p).

Note: 1995 Wis. Act 27, s. 312, renumbered s. 16.61 (2) (ad) to s. 16.97 (5m). Act 27, s. 406e, created s. 16.97 (5m).

SB436, s. 59 Section 59. 17.13 (intro.) of the statutes is amended by replacing "vocational, technical and adult education technical college" with "technical college".

Note: 1993 Wis. Act 399 was intended to replace all references to vocational, technical and adult education. The reference to "technical college" was inserted in this provision but the reference to "vocational, technical and adult education" was not deleted. "(V)ocational" was deleted by Act 399 without being shown as stricken.

SB436, s. 60 Section 60. 20.250 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,26,6 20.250 (1) (a) General program operations. The amounts in the schedule for medical education, teaching and research as provided under s. 39.155. From this appropriation, an amount of $10,091 in the 1989-90 fiscal year and annually thereafter shall be disbursed under s. 39.155 for each Wisconsin resident enrolled as a student in pursuit of a doctor of medicine (M.D.) degree who is paying full tuition. The number of Wisconsin residents enrolled at the college in 1986 each academic year to be funded under this appropriation shall be determined by multiplying the total number of students enrolled at the college by 0.56, but may not exceed 416.

Note: Deletes language unintentionally retained by 1995 Wis. Act 27.

SB436, s. 61 Section 61. 20.292 (1) (cm) of the statutes is amended by replacing "vocational, technical and adult education" with "technical college".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 742d Section 742d. 20.370 (7) (aa) of the statutes, as affected by 1995 Wisconsin Act 27, section 742d, is amended to read:

SB436,26,21 20.370 (7) (aa) Resource acquisition and development — principal repayment and interest. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the placement of structures and fill under s. 30.203, in financing the acquisition, construction, development, enlargement or improvement of state recreation facilities under s. 20.866 (2) (tp) and (tr), in financing state aids for land acquisition and development of local parks under s. 20.866 (2) (tq), in financing land acquisition activities under s. 20.866 (2) (ts) and (tt), in financing the aid program for dams under s. 20.866 (2) (tx), in financing ice age trail development under s. 20.866 (2) (tw) and in funding the stewardship program under s. 20.866 (2) (tz), but not including payments made under sub. (4) (jb) (7) (ac).

Note: Corrects cross-reference. There is no sub. (4) (jb). 1995 Wis. Act 27 renumbered sub. (4) (jb) to sub. (7) (ac).

SB436, s. 62 Section 62. 20.380 (2) (q) of the statutes, as affected by 1995 Wisconsin Act 27, section 1084, is amended to read:

SB436,27,5 20.380 (2) (q) Kickapoo valley governing board; general program operations. From the conservation fund, the amounts in the schedule for the general program operations of the Kickapoo valley governing board under s. 27.41 41.41.

Note: Corrects cross-reference. There is no s. 27.41. 1995 Wis. Act 27 renumbered s. 16.21 to s. 41.41. An early version of Act 27 renumbered s. 16.21 to s. 27.41. This cross-reference was changed in accordance with the original renumber, but was not subsequently changed.

SB436, s. 63 Section 63. 20.445 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

Note: By its terms, this provision is without effect after 6-30-93.

SB436, s. 64 Section 64. 20.445 (5) (na) of the statutes, as affected by 1995 Wisconsin Act 27, section 914, is amended to read:

SB436,27,15 20.445 (5) (na) Federal program aids. All moneys received from the federal government or any of its agencies for continuing programs to be expended as aids to individuals or organizations for the purposes specified. All federal moneys received for the purchase of goods and services under ch. 47 and for the purchase of vocational rehabilitation programs for individuals or organizations. The department shall, in each state fiscal year, transfer to s. 20.435 (7) (kc) up to $200,000.

Note: The stricken text was inserted by 1995 Wis. Act 27 without being shown as underscored. The insertion was not intended.

SB436, s. 65 Section 65. 20.485 (2) (c) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB436,27,20 20.485 (2) (c) Operation of Wisconsin veterans museum. From the general fund, the amounts in the schedule for the operation of the Wisconsin veterans museum under s. 45.01.

Note: Inserts missing word.

SB436, s. 66 Section 66. 20.505 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,28,6 20.505 (1) (a) General program operations. The amounts in the schedule for administrative supervision, policy and fiscal planning and management services, other than services financed under par. (km), and to defray the expenses incurred by the building commission not otherwise appropriated.

Note: Deletes reference to a provision that appeared in an early version of Act 27, but was not included in the act as passed. There is no par. (km).

SB436, s. 67 Section 67. 20.505 (4) (o) of the statutes is amended to read:

SB436,28,13 20.505 (4) (o) National and community service board; federal aid for administration. From the moneys received from the corporation for national and community service under the national and community service trust act of 1993, P.L. 103-82 42 USC 12542 (a) and 12571 (a), as a continuing appropriation, the amounts in the schedule for the administration of the national and community service program under s. 16.22.

Note: Inserts United States Code citations.

SB436, s. 68 Section 68. 20.525 (1) (d) of the statutes is amended to read:

SB436,28,19 20.525 (1) (d) Disability board. Such sums as are necessary for 1) the disability board to make payment for the service of process or other papers, certified copies of papers and records, standard witness fees and expert witness fees,; and 2) to supplement existing appropriations for the purpose of making the compensation payments required under s. 20.925.

Note: Conforms provision to current drafting style.

SB436, s. 69 Section 69. 20.923 (4) (c) 1m. of the statutes is repealed.

Note: 1995 Wis. Act 27 repeals s. 20.923 (4) (c) 1m., 4. and 5. and amends s. 20.923 (4) (c) 3. Act 27 does not treat 20.923 (4) (c) in its entirety. Act 27, section 9427 (1), provides that the treatment of s. 20.923 (4) (c) is effective 7-1-96 without specifying the applicable subdivision of s. 20.923 (4) (c). Section 9459 (7) provides a delayed effective date of 7-1-96 for the treatments of subds. 3. and 5. Section 9427 (1) relates to the elimination of the higher educational aids board, making it effective on 7-1-96. Section 20.923 (4) (c) 4. relates to the position of higher educational aids board, executive secretary. Section 20.923 (4) (c) 1m. relates to the position of cost containment commission, staff director. The cost containment commission is eliminated by the repeal of s. 15.195 (10) by Act 27, effective the day after publication of Act 27. The immediate repeal of s. 20.923 (4) (c) 1m. and the creation and subsequent repeal, effective 7-1-96, of s. 20.923 (4) (c) 4. by this bill are made for the purpose of clarifying that the repeal of subd. 4. and not the repeal of subd. 1m. was intended to take effect on 7-1-96.

SB436, s. 70 Section 70. 20.923 (4) (c) 4. of the statutes is created to read:

SB436,29,2 20.923 (4) (c) 4. Higher educational aids board: executive secretary.

Note: See the note to the treatment of s. 20.923 (4) (c) 1m. by this bill.

SB436, s. 71 Section 71. 20.923 (4) (c) 4. of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

Note: See the note to the treatment of s. 20.923 (4) (c) 1m. by this bill.

SB436, s. 72 Section 72. 20.923 (4) (e) 4. of the statutes is amended to read:

SB436,29,7 20.923 (4) (e) 4. Industry, labor and human relations, department of: labor and industry review commission: member and chairman chairperson.

Note: Replaces gender specific language.

SB436, s. 73 Section 73. 24.11 (4) of the statutes is amended by replacing "incumbrances" with "encumbrances".

Note: Inserts preferred spelling.

SB436, s. 74 Section 74. 27.065 (1) (a) of the statutes is amended by replacing "land is situate" with "land is situated".

Note: Changes form of word.

SB436, s. 75 Section 75. 29.06 (1) of the statutes is renumbered 29.06 (1) (a) and amended to read:

SB436,30,11 29.06 (1) (a) All confiscated wild animals, or carcasses or parts thereof, 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 such all sales under this subsection, after deducting the expense of seizure and sale and any such commissions and any amounts owing to holders of security interests under par. (b) or (c), shall be promptly remitted, by the warden by whom or under whose authority and supervision the sales are made, to the department; the. The remittance to shall be accompanied by a complete and certified report of such the sales made under this subsection, supported by proper vouchers covering all deductions made for expenses and commissions, to and shall be filed with the department. Of the remittance from such 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.

SB436,31,4 (b) 1. In the case of the proceeds from the sale of a confiscated motor vehicle if the holder of a security interest perfected by filing with such motor vehicle as security, satisfies (and the burden of proof shall be upon the holder of a security interest) the court, or after judgment of confiscation, the department, that the violation that led to such confiscation was not with his or her knowledge, consent or connivance or with that of some person employed or trusted by the holder of a security interest, there shall also be deducted the amount due under the security agreement from the proceeds of such sale and the amount due shall be paid to the one entitled; in case a sufficient amount does not remain for such purpose after the other deductions then the amount remaining shall be paid. The, the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists, and. The department shall, within 10 days after obtaining actual or constructive notice of such a 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 the court or the judge pertaining to such the confiscation and shall also give such secured party at least 10 days' notice of the time and place of sale of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing. In all such cases the

SB436,31,8 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.

SB436,31,10 (c) The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor vehicles under this subsection.

SB436,31,15 (d) 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. Such In that case, the deer carcass shall be released free of charge to the motor vehicle operator under s. 29.40 (5) by the department or its agent, but shall be retained by the department or its agent if the motor vehicle operator declines to accept the carcass.

Note: Subdivides provision, reorganizes text, deletes parentheses and replaces language for greater readability and conformity with current style.

SB436, s. 76 Section 76. 29.06 (1) (b) 3. of the statutes is created to read:

SB436,32,4 29.06 (1) (b) 3. a. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, satisfies the court, or after judgment of confiscation, 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.

SB436,32,6 b. The burden of proof to satisfy the court or department under subd. 3. a. shall be upon the holder of the security interest.

Note: See the note to the previous section of this bill.

SB436, s. 77 Section 77. 29.15 (3) of the statutes is amended to read:

SB436,32,12 29.15 (3) Issuance. The Great Lakes trout and salmon stamp shall be issued subject to s. 29.09 by the department or a county clerk to any person holding or applying for a fishing license under s. 29.09 (12) (a), 29.14 (2) to (7), 29.145 (1c) to (2), or 29.146 or a sports license under s. 29.147. The department shall design and produce Great Lakes trout and salmon stamps as provided under s. 29.09 (13).

Note: Corrects punctuation.

SB436, s. 78 Section 78. 29.157 of the statutes is amended by replacing "ch. 277" with "ch. 227".

Note: Corrects cross-reference. Chapter 227 governs rule making. There is no ch. 277.

SB436, s. 79 Section 79. 30.27 (2) of the statutes is renumbered 30.27 (2) (a) (intro.) and amended to read:

SB436,33,2 30.27 (2) (a) (intro.) As soon as possible after May 7, 1974, the department shall adopt, by rule, guidelines and specific standards for local zoning ordinances which apply to the banks, bluffs and bluff tops of the lower St. Croix river. The guidelines shall designate the boundaries of the areas to which they apply. In drafting such the guidelines and standards, the department shall consult with appropriate officials of counties, cities, villages and towns lying within the affected area. The standards specified in the guidelines shall include, but not be limited to: a), the prohibition following:

SB436,33,5 1. Prohibition of new residential, commercial and industrial uses, and the issuance of building permits therefor, where such uses are inconsistent with the purposes of this section, and b) the establishment.

SB436,33,8 2.Establishment of acreage, frontage and setback requirements where compliance with such requirements will result in residential, commercial or industrial uses which are consistent with the purposes of this section. Such

SB436,33,16 (b) The standards established under par. (a) shall be consistent with but may be more restrictive than any pertinent guidelines and standards promulgated by the secretary of the interior under the wild and scenic rivers act. If it appears to the department that the purposes of this section may be thwarted or the wild, scenic or recreational values of the river adversely affected prior to the implementation of rules under this section, the department may exercise its emergency rule-making authority under s. 227.24, and such rules shall be effective and implemented and enforced under sub. (3) until permanent rules are implemented under sub. (3).

Note: Subdivides provision and replaces language consistent with current style.

SB436, s. 80 Section 80. 30.38 (13) (a) of the statutes is amended to read: