AB967: Bill Text

AB967, s. 123 Section 123. The treatment of chapter 154 (title) of the statutes by 1995 Wisconsin Act 168 is not repealed by 1995 Wisconsin Act 200. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 124 Section 124. 165.829 of the statutes is repealed.

Note: By its terms, this provision does not apply after October 1, 1997.

AB967, s. 125 Section 125. The treatment of 165.87 (1) (bn) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 36. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 126 Section 126. 180.1130 (13) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB967,34,16 180.1130 (13) (intro.) "Take-over offer" means the offer to acquire or the acquisition of any equity security, as defined in s. 552.01 (2), of a resident domestic corporation, pursuant to a tender offer or request or invitation for tenders, if after the acquisition thereof the offer or offeror, as defined in s. 552.01 (3), would be directly or indirectly a beneficial owner of more than 5% of any class of the outstanding equity securities of the issuer. "Take-over offer" does not include an offer or acquisition of any equity security of a resident domestic corporation pursuant to:

Note: A space was erroneously inserted by Act 27 changing "offeror" to "offer or". No change was intended.

AB967, s. 127 Section 127. The treatment of 224.72 (5) (b) 1. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 128 Section 128. 233.10 (3) (a) (intro.) of the statutes is amended to read:

AB967,35,3 233.10 (3) (a) (intro.) In this subsection and subs. (3m), and (4) and (6), "carry-over employe" means an employe of the authority who satisfies all of the following:

Note: Section 233.10 (6) was repealed eff. 7-1-97 by 1995 Wis. Act 27.

AB967, s. 129 Section 129. The treatments of 252.10 (7) of the statutes by 1997 Wisconsin Acts 27, 75 and .... (Senate Bill 262) are not repealed by 1997 Wisconsin Act .... (Senate Bill 258). All treatments stand.

Note: There is no conflict of substance.

AB967, s. 130 Section 130. 253.12 (3) (c) of the statutes is amended to read:

AB967,35,10 253.12 (3) (c) Coordinate data dissemination activities of the department with those of the division for learning support, equity and advocacy in the department of education public instruction with respect to the information collected under sub. (2).

Note: The treatment of this provision by 1995 Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney. 1997 Wis. Act 27 returned affected statutes provisions to their pre-1995 Act 27 form by replacing "department of education" with "department of public instruction". This provision was inadvertently omitted from 1997 Wis. Act 27.

AB967, s. 131 Section 131. 253.12 (5) (a) 3. of the statutes is amended to read:

AB967,35,20 253.12 (5) (a) 3. To the division for learning support, equity and advocacy in the department of education public instruction, upon request, the name and address of an infant or child for whom a report is made under sub. (2) and other information necessary to aid the division in providing services to the infant or child. The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The division for learning support, equity and advocacy in the department of education public instruction may disclose information received under this paragraph only as necessary to provide services to the infant or child.

Note: The treatment of this provision by 1995 Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney. 1997 Wis. Act 27 returned other affected statutes provisions to their pre-1995 Act 27 form by replacing "department of education" with "department of public instruction". This provision was inadvertently omitted from 1997 Wis. Act 27.

AB967, s. 132 Section 132. 287.25 (4) (a) 7. of the statutes, as affected by 1997 Wisconsin Act 60, section 5, is amended to read:

AB967,36,7 287.25 (4) (a) 7. Consideration of the application or implementation of innovative technologies in a project which employs a proven technology in a waste reduction or recycling activity. Notwithstanding par. (f) subd. 6., a project which employs a proven technology may receive grant moneys for that portion of the project which implements innovative technologies and applications.

Note: The stricken language was deleted by 1997 Wis. Act 60 without being shown as stricken. The change was intended.

AB967, s. 133 Section 133. 287.25 (4s) of the statutes, as affected by 1997 Wisconsin Act 60, is amended to read:

AB967,36,18 287.25 (4s) Requests for proposals. The department may request proposals for a waste reduction and recycling activity or a community-wide waste reduction program eligible for funding under this section. Notwithstanding sub. (4) (a), (f) and (g) 6. and 7., the department may award a demonstration grant for a waste reduction and recycling project proposed in response to a request under this subsection that does not implement innovative technology. The amount awarded for demonstration grants under this subsection in a fiscal biennium may not exceed 50% of the total amount available for demonstration grants under this section in that fiscal biennium.

Note: 1997 Wis. Act 60 renumbered s. 287.25 (4) (g) and (f) to s. 287.25 (4) (a) 6. and 7. Act 60 erroneously changed the cross-reference to "sub. (f) and (g)" to sub. (4) (a), (f) and (g). There was no intent to add the former sub. (a) to the cross-reference.

AB967, s. 134 Section 134. 293.83 (1) (d) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 447), is amended to read:

AB967,37,5 293.83 (1) (d) Enforcement of orders. The department shall cancel the mining permit for a mining site held by an operator who fails to comply with an order issued under par. (a) 1. The department shall inform the department of justice of the cancellation within 14 days. After receiving notice of the cancellation, the department of justice is informed, it shall commence an action under s. 293.87.

Note: 1997 Wis. Act .... (AB 447) deleted the language stricken in this section without showing it as stricken. The change was intended.

AB967, s. 135 Section 135. The treatment of 301.26 (4) (e) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 136 Section 136. 340.01 (25r) of the statutes is renumbered 340.01 (25j).

Note: Renumbers subsection to restore alphabetical order.

AB967, s. 137 Section 137. The treatment of 341.14 (1q) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 67. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 138 Section 138. The treatment of 342.30 (4) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 33. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 139 Section 139. The treatment of 343.51 (1) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 67. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 140 Section 140. The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 135. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 141 Section 141. The treatment of 346.63 (2) (b) of the statutes by 1995 Wisconsin Act 436 is not repealed by 1995 Wisconsin Act 448. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 142 Section 142. 422.202 (2m) (a) and (b) of the statutes are repealed.

Note: Section 422.202 (2m) (a) states:

"If the attorney general determines that the charge described under par. (b) 1. is not interest within the meaning of 12 USC 85, as interpreted by the U.S. supreme court through December 31, 1996, the attorney general shall issue an opinion which so states and shall publish the opinion in the Wisconsin administrative register no later than February 1, 1997."

Section 422.202 (2m) (b) states:

"This paragraph does not apply after January 31, 1997, unless the attorney general publishes the opinion under par. (a) no later than that date..."

The attorney general did not publish the opinion under s. 422.202 (2m) (a) in the Wisconsin administrative register by February 1, 1997. By its terms, par. (b) does not apply after January 31, 1997. The time for filing the opinion under par. (a) having passed, par. (a) has no current applicability.

AB967, s. 143 Section 143. 422.202 (2m) (c) of the statutes is renumbered 422.202 (2m), and 422.202 (2m) (intro.) and (b), as renumbered, are amended to read:

AB967,38,6 422.202 (2m) (intro.) This paragraph applies beginning on February 1, 1997, unless the attorney general has published the opinion under par. (a) by that date. With respect to an open-end credit plan, regardless of when the plan was entered into:

AB967,38,9 (b) For purposes of 12 USC 85, 1463 (g), 1785 and 1831d, both the finance charge under s. 422.201 and charges permitted under subd. 1. par. (a) are interest and may be charged, collected and received as interest by a creditor.

Note: Deletes obsolete transition provision. The attorney general did not publish the opinion under s. 422.202 (2m) (a) in the Wisconsin administrative register by February 1, 1997. It also renumbers the section to reflect the repeal of s. 422.202 (2m) (a) and (b) by this bill. See the note to the previous section of this bill.

AB967, s. 144 Section 144. 562.124 (3) of the statutes is amended to read:

AB967,38,13 562.124 (3) The board department shall confer with representatives of the United States snowmobile association in developing rules to protect the integrity of the sport of snowmobile racing.

Note: Prior to the enactment of 1997 Wis. Act 27, "board" as used in chs. 562 and 563 referred to gaming board. The gaming board was eliminated by Act 27, the functions of the board were transferred to the department of administration and all references to "board" were intended to be changed to "department".

AB967, s. 145 Section 145. 562.124 (4) of the statutes is amended to read:

AB967,39,4 562.124 (4) If the board department authorizes on-track pari-mutuel wagering on snowmobile racing, the board department shall prepare and submit to the chief clerk of each house of the legislature under s. 13.172 (2) a report on whether any additional civil or criminal penalties are necessary to enforce its rules.

Note: See the note to the treatment of s. 562.124 (3) by this bill.

AB967, s. 146 Section 146. 562.125 (1) of the statutes is amended to read:

AB967,39,11 562.125 (1) Investigations. The department of justice may investigate any activities by the board department and the board's department's employes and contractors, or by the licensees and their employes and contractors, which affect the operation or administration of racing and on-track pari-mutuel wagering, and shall report suspected violations of state or federal law to the appropriate prosecuting authority.

Note: See the note to the treatment of s. 562.124 (3) by this bill.

AB967, s. 147 Section 147. 562.13 (2) (b) of the statutes is amended to read:

AB967,39,14 562.13 (2) (b) Intentionally makes a false statement or material omission in an application for employment with the board department.

Note: See the note to the treatment of s. 562.124 (3) by this bill.

AB967, s. 148 Section 148. 563.12 (11) of the statutes is amended to read:

AB967,39,17 563.12 (11) Other information which the board deems department considers necessary to administer this chapter.

Note: See the note to the treatment of s. 562.124 (3) by this bill. Also inserts preferred term.

AB967, s. 149 Section 149. 601.41 (7) (a) of the statutes, as created by 1997 Wisconsin Act 51, is amended to read:

AB967,40,2 601.41 (7) (a) Any rights that the individuals may have under state or federal laws affecting health benefit plans, including laws that relate to portability, or continuation coverage, as defined in s. 252.16 (1) (a), or conversion coverage under s. 632.897.

Note: Section 252.16 (1) (a) was repealed by 1997 Wis. Act 27. Continuation coverage and conversion coverage are both treated by s. 632.897.

AB967, s. 150 Section 150. 611.07 (4) (title) of the statutes, as affected by 1997 Wisconsin Act 79, is amended to read:

AB967,40,6 611.07 (4) (title) Waiver of notice and informal action by shareholders, policyholders or directors.

Note: The underscored language was inserted by 1997 Wis. Act 79 without being shown as underscored. The change was intended.

AB967, s. 151 Section 151. 614.66 of the statutes is amended to read:

AB967,40,10 614.66 Exclusive agency contracts and management contracts. Sections 611.66 and 611.67 apply to fraternals, except that the reference in s. 611.66 to s. 611.26 (1) contained in s. 611.66 is to that section as incorporated by s. 614.24.

NOTE: Reorders cross-references to facilitate computer searching.

AB967, s. 152 Section 152. 626.125 of the statutes, as affected by 1997 Wisconsin Act 3, is repealed.

Note: By its terms this provision does not apply after December 31, 1993.

AB967, s. 153 Section 153. 632.898 (title) of the statutes is repealed.

Note: The remainder of section 632.898 was either repealed or renumbered to another section by 1997 Wis. Act 27.

AB967, s. 154 Section 154. The treatment of 707.37 (4) (d) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

AB967, s. 155 Section 155. 767.262 (4) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB967,41,4 767.262 (4) (b) The court may order payment of costs under this section by the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the department or its designee 59.53 (5m) is substantially incorrect and that the department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

Note: The stricken text was inserted by 1995 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 27.

AB967, s. 156 Section 156. 767.29 (1) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read: