AB378: Bill Text

AB378, s. 57 Section 57. 30.44 (8) (a) of the statutes, as affected by 1995 Wisconsin Acts 201 and 211, is amended to read:

AB378,20,3 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.

AB378, s. 58 Section 58. 30.44 (8) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 201 and 211, is amended to read:

AB378,20,9 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.

AB378, s. 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 The treatment of 30.681 (1) (b) of the statutes by 1995 Wisconsin Act 290 is not repealed by 1995 Wisconsin Act 436.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.

AB378, s. 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 The treatment of 30.681 (2) (b) of the statutes by 1995 Wisconsin Act 290 is not repealed by 1995 Wisconsin Act 436.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.

AB378, s. 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 The treatment of 30.681 (2) (d) of the statutes by 1995 Wisconsin Act 290 is not repealed by 1995 Wisconsin Act 436.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.

AB378, s. 62 Section 62. 30.77 (3) (dm) 1. of the statutes, as created by 1995 Wisconsin Act 152, is amended to read:

AB378,21,2 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.

AB378, s. 63 Section 63. 33.32 (1) (f) of the statutes is amended to read:

AB378,21,12 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.

AB378, s. 64 Section 64. 36.09 (1) (j) of the statutes is amended to read:

AB378,22,18 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.

AB378, s. 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.

AB378, s. 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.

AB378, s. 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.

AB378, s. 68 Section 68. The amendment of 40.23 (1) (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.

AB378, s. 69 Section 69. 45.74 (1) (c) of the statutes is amended to read:

AB378,23,7 45.74 (1) (c) The amount of $45,000 for loan applications approved during the period beginning on, August 12, 1993, and ending on June 30, 1994.

Note: Deletes unnecessary comma.

AB378, s. 70 Section 70. 46.10 (7) of the statutes is amended to read:

AB378,23,18 46.10 (7) The department shall administer and enforce this section. It shall appoint an attorney to be designated "collection and deportation counsel" and other necessary assistants. The department may delegate to such the collection and deportation counsel such other powers and duties as it deems considers advisable. The collection or and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.

Note: Corrects error in transcribing 1991 Wis. Act 316 and modernizes language.

AB378, s. 71 Section 71. 46.206 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,24,6 46.206 (1) (b) All records of the department and all county records relating to social services shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of such the services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.

Note: 1995 Wis. Act 77 amended this section, as affected by 1995 Wis. Act 27. Act 27 changed "such" to "the". Act 77 reinserted "such" without strikes and underscores. No change was intended.

AB378, s. 72 Section 72. The amendment of 46.215 (1m) of the statutes by 1995 Wisconsin Act 352 is not repealed by 1995 Wisconsin Act 417. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 73 Section 73. 46.215 (2) (c) 1. of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB378,24,22 46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), as appropriate, under s. 46.495.

Note: 1995 Wis. Act 27 repealed s. 20.435 (3) (cd) and (oo) effective 7-1-96.

AB378, s. 74 Section 74. 46.22 (1) (b) 3. b. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB378,25,4 46.22 (1) (b) 3. b. To make investigations which relate to programs under s. 49.046,1993 stats., upon request by the department of health and family services.

Note: 1995 Wis. Act 27 repealed s. 49.046 effective 1-1-96.

AB378, s. 75 Section 75. 46.22 (1) (c) 8. (intro.) of the statutes is amended to read:

AB378,25,10 46.22 (1) (c) 8. (intro.) To administer child welfare services including services to juveniles who are delinquent and to children who are mentally retarded, dependent, neglected, delinquent, or nonmarital, and to other children who are in need of such services. In administering child welfare services the county department of social services shall be governed by the following:

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

AB378, s. 76 Section 76. 46.22 (1) (c) 8. c. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,25,18 46.22 (1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction under chs. 48 and 938, the county department of social services shall investigate the home environment and other factors in the life of any child brought to the attention of the court for alleged dependency, or neglect, or any juvenile brought to the attention of the court for alleged delinquency, and to assume guidance and supervision of any child juvenile placed on probation by that court.

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

AB378, s. 77 Section 77. The amendment of 46.22 (1) (dm) of the statutes by 1995 Wisconsin Act 352 is not repealed by 1995 Wisconsin Act 417. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 78 Section 78. 46.22 (1) (e) 3. a. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,26,14 46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 46.495.

Note: 1995 Wis. Act 27 repealed s. 20.435 (3) (cd) and (oo) effective July 1, 1996.

AB378, s. 79 Section 79. 46.28 (1) (am) 1. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,26,18 46.28 (1) (am) 1. A child juvenile adjudged delinquent for whom a case disposition is made under s. 938.34.

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

AB378, s. 80 Section 80. 46.28 (1) (am) 2. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,26,23 46.28 (1) (am) 2. A child found to be in need of protection or services for whom an order is made under s. 48.345 or a juvenile found to be in need of protection or services for whom an order is made under s. 938.345.

Note: Inserts reference to "juvenile" for consistency of references with language of ch. 938.

AB378, s. 81 Section 81. 46.40 (1) (c) of the statutes, as created by 1995 Wisconsin Act 303, is amended to read:

AB378,27,15 46.40 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 67 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.

Note: Inserts correct cross-reference.

AB378, s. 82 Section 82. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 404, is renumbered 49.131 (2) (a) and amended to read:

AB378,27,20 49.131 (2) (a) From the appropriation under s. 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 49.132 (2m) and (3).

Note: 1995 Wis. Act 404 renumbered the remainder of s. 46.979 to be s. 49.131 and renumbered s. 46.98 (2m) and (3) to be s. 49.132 (2m) and (3).

AB378, s. 83 Section 83. 46.98 (2) (title) and (a) of the statutes, as affected by 1995 Wisconsin Act 404, are renumbered 49.132 (2) (title) and (a).

Note: 1995 Wis. Act 404 renumbered the remainder of s. 46.98 to be s. 49.132.

AB378, s. 84 Section 84. 48.21 (3) (intro.) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 48.21 (3) (ag).

Note: Makes a technical correction. This provision is not an introductory paragraph under the current statute numbering system.

AB378, s. 85 Section 85. 48.21 (3) (a) of the statutes is renumbered 48.21 (3) (am).

Note: See the previous section of this bill.

AB378, s. 86 Section 86. 48.21 (3) (e) of the statutes is amended to read:

AB378,28,13 48.21 (3) (e) If the parent, guardian or legal custodian or the child is not represented by counsel at the hearing and the child is continued in custody as a result of the hearing, the parent, guardian, legal custodian or child may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the child in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Any order to hold the child in custody shall be subject to rehearing for good cause, whether or not counsel was present.

Note: Deletes unnecessary language.

AB378, s. 87 Section 87. 48.243 (2) of the statutes is renumbered 48.243 (4).

Note: Renumbers provision for more logical placement.

AB378, s. 88 Section 88. 48.29 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,28,20 48.29 (3) Subsections (1) to and (1m) do not apply in any proceeding under s. 48.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom she wishes to be assigned to the proceeding and that judge shall be assigned to the proceeding.

Note: Inserts correct word.

AB378, s. 89 Section 89. 48.297 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,29,7 48.297 (3) Motions to suppress evidence as having been illegally seized or statements as having been illegally obtained shall be made before fact-finding on the issues. The court may entertain the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such evidence and that party waives jeopardy.

Note: Repeats phrase for better parallel construction.

AB378, s. 90 Section 90. The amendment of 48.299 (6) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 275. Both treatments stand.

Note: There is no conflict of substance.

AB378, s. 91 Section 91. 48.299 (7) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read: