AB969: Bill Text

Note: The stricken text was inserted by 1999 Wis. Act 32, but was rendered surplusage by the treatment of this provision by 1999 Wis. Act 31.

AB969, s. 96 Section 96. The treatment of 218.0116 (1m) (a) 1. of the statutes by 1999 Wisconsin Act 9, section 2342ap, is not repealed by 1999 Wisconsin Act 31, section 170. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0116 (1m) (a) 1. reads:

1. The applicant fails to provide any information required under s. 218.0114 (21g) (a).

AB969, s. 97 Section 97. 218.0121 (1m) (intro.), (b) and (d), (2m) and (3m) (a), (b) 5. and (c) of the statutes, as affected by 1999 Wisconsin Act 9, sections 2342abf to 2342 abv, and 1999 Wisconsin Act 31, section 110, are amended to read:

AB969,35,15 218.0121 (1m) (intro.) In this subsection section:

AB969,35,20 (b) "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise. "Control" does not include the relationship between a factory and a dealership under a basic agreement filed under sub. (2) (bd) 1 s. 218.0114 (7) (a) 1.

AB969,36,2 (d) "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section ss. 218.0101 to 218.0163.

AB969,36,5 (2m) A of a manufacturer, importer or distributor factory shall not, directly or indirectly, hold an ownership interest in or operate or control a motor vehicle dealership in this state.

AB969,36,8 (3m) (a) of a manufacturer, importer or distributor A factory from holding an ownership interest in or operating a dealership for a temporary period, not to exceed one year, during the transition from one owner or dealer operator to another.

AB969,36,12 (b) 5. The written agreement described in subd. 2. d. 4. provides that the dealer operator will make reasonable progress toward acquiring all of the ownership interest in the dealership, and the dealer is making reasonable progress toward acquiring all of the ownership interest in the dealership.

AB969,36,19 (c) The ownership, operation or control of a dealership by a of a manufacturer, importer or distributor factory that does not meet the conditions under subds. 1. or 2. sub. (1) or (2) par. (a) or (b), if the division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the factory.

Note: Inserts correct cross references and deletes text inserted by 1999 Wis. Act 31 that was rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 98 Section 98. The treatment of 218.0121 (3m) (intro.) of the statutes by 1999 Wisconsin Act 9, section 2342abf, is not repealed by 1999 Wisconsin Act 31, section 110. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0121 (3m) (intro.) reads:

(3m) This section does not prohibit any of the following:

AB969, s. 99 Section 99. The treatment of 218.11 (2) (am) 3. of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.11 (2) (am) 3. reads:

3. The department of commerce may not disclose any information received under subd. 1. to any person except to the department of workforce development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB969, s. 100 Section 100. The treatment of 218.12 (5) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.12 (5) reads, effective 7-1-00:

(5) The provision of s. 218.0116 relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under sub. (3m).

AB969, s. 101 Section 101. The treatment of 218.12 (6) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.12 (6) reads, effective 7-1-00:

(6) The provisions of ss. 218.0116 (9) and 218.0152 shall apply to this section, recreational vehicle sales practices and the regulation of recreational vehicle salespersons, as far as applicable.

AB969, s. 102 Section 102. The treatment of 227.43 (1) (bg) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 227.43 (1) (bg) reads:

(bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

AB969, s. 103 Section 103. 229.841 (1) of the statutes, as created by 1999 Wisconsin Act 65, is amended to read:

AB969,38,2 229.841 (1) "Bond" means any bond, note or other obligation issued under s. 66.066 66.0621 by a district.

Note: Inserts correct cross-reference. Section 66.066 was renumbered to s. 66.0621 by 1999 Wis. Act (ab 710).

AB969, s. 104 Section 104. 229.844 (4) (c) 2., (5), (6) and (8) (a) of the statutes, as created by 1999 Wisconsin Act 65, are amended to read:

AB969,38,7 229.844 (4) (c) 2. If the district's sponsoring city is a 1st class city, request the 1st class city's redevelopment authority, created under s. 66.431 66.1333 (3) (a) 3., to condemn property on behalf of the district.

AB969,38,11 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.30 66.0301 as a participant in a benefit plan of another governmental entity, other than a benefit plan provided under ch. 40, any employe benefits, including an employe pension plan.

AB969,38,15 (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.30 66.0301, participate in a governmental plan of insurance or self-insurance, other than a plan provided under ch. 40.

AB969,38,22 (8) (a) Issue revenue bonds under s. 66.066 66.0621, subject to ss. 229.849 to 229.853, and enter into agreements related to the issuance of bonds by the district or, for purposes related to the district, by a community development authority created under s. 66.4325 66.1335, including liquidity and credit facilities, remarketing agreements, insurance policies, guaranty agreements, letter of credit or reimbursement agreements, indexing agreements, interest exchange agreements and currency exchange agreements.

Note: Inserts correct cross-references reflecting renumbering by 1999 Wis. Act (ab 710).

AB969, s. 105 Section 105. 229.844 (17) of the statutes, as created by 1999 Wisconsin Act 65, is amended to read:

AB969,39,16 229.844 (17) Direct its agents or employes, if properly identified in writing, to enter upon any real property, that the district has the authority to condemn, or that the redevelopment authority has the authority to condemn on behalf of the district, to make surveys and examinations before locating or constructing cultural arts facilities, without incurring liability by the district, its agents or employes except for actual damage done. Before directing anyone to enter real property under this subsection, the district shall give the owner and occupant of the property at least 5 days' written notice. If the owner or occupant does not consent to the entry, the district may petition the circuit court for the county in which the property is located for an order permitting entry upon the property. The district shall serve a copy of the petition upon the owner and occupant. Before issuing an order, the court shall require the district to demonstrate the necessity of the entry and shall examine the reasonableness of the proposed scope, time, place and manner of the entry. The court may impose appropriate limitations upon the entry in its order.

Note: Corrects punctuation.

AB969, s. 106 Section 106. 229.850 of the statutes, as created by 1999 Wisconsin Act 65, is amended to read:

AB969,39,23 229.850 Special fund for payment of principal and interest costs on certain bonds. The district may maintain a special fund into which it deposits any income or property of the district that is used for the payment of principal and interest costs of bonds issued by the district or by a community development authority created under s.66.4325 66.1335 for purposes related to the district.

Note: Inserts correct cross-reference reflecting renumbering by 1999 Wis. Act (ab 710).

AB969, s. 107 Section 107. 230.08 (2) (yz) of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1999.

AB969, s. 108 Section 108. The treatment of 230.36 (2m) (a) 19. of the statutes by 1999 Wisconsin Act 63, section 77, is not repealed by 1999 Wisconsin Act 85, section 12. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 230.36 (2m) (a) 19. reads:

19. A fire fighter employed at the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385.

AB969, s. 109 Section 109. 252.10 (7) of the statutes, as affected by 1999 Wisconsin Acts 9 and 32, is amended to read:

AB969,40,10 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries XI, local health departments, physicians or advanced practice nurse prescribers.

Note: The stricken text was inserted by 1999 Wis. Act 32 but rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 110 Section 110. 253.12 (1) (b) of the statutes, as affected by 1999 Wisconsin Act .... (Senate Bill 290), is amended to read:

AB969,40,15 253.12 (1) (b) "Pediatric specialty clinic" means a clinic the primary purpose of which is to provide pediatric specialty diagnostic, counseling and medical management services to persons with birth defects by a physician subspecialist.

Note: Inserts missing article.

AB969, s. 111 Section 111. 254.15 (1) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 806), is amended to read:

AB969,41,11 254.15 (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under ss. 254.158 and 254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under s. 254.164; departmental responses to reports of lead poisoning or lead exposure under s. 254.166; any lead investigation requirements under rules promulgated under ss. 254.167; any lead inspection requirements under rules promulgated under 254.168; any lead hazard reduction requirements under rules promulgated under s. 254.172; certification, accreditation and approval requirements under ss. 254.176 and 254.178; any certification requirements and procedures under rules promulgated under s. 254.179; and any fees imposed under s. 254.181.

Note: The underscored semicolon was inserted by 1999 Wis. Act (ab 806) without being shown as underscored. The change was intended.

AB969, s. 112 Section 112. 254.172 (2) of the statutes, as created by 1999 Wisconsin Act .... (Assembly Bill 806), is amended to read:

AB969,41,20 254.172 (2) If a certified lead risk assessor or other person certified under s. 254.176 conducts a lead investigation of a dwelling or premises, he or she shall conduct the lead investigation and issue a report in accordance with any rules promulgated under s. 254.167. If the report indicates that the dwelling or premises meets criteria under s. 254.179 (1) (a) for issuance of a certificate of lead-free status or of a certificate of lead-safe status, the lead risk assessor or other person shall issue the appropriate certificate, subject to s. 254.181.

Note: Inserts necessary word.

AB969, s. 113 Section 113. 293.45 (1) of the statutes is amended to read:

AB969,42,9 293.45 (1) The department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department's investigation and hearing and any written comments, it finds that the site is not unsuitable for prospecting or, absent a certification under sub. s. 293.35 (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in this chapter, prospecting permits shall be valid for the life of the project, unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or (3).

Note: Inserts correct cross-reference. 1995 Wis. Act 227 renumbered this provision from s. 144.84 (2) but did not change the then existing cross-reference to s. 144.84 (1), which was renumbered by the same act to s. 293.35 (1).

AB969, s. 114 Section 114. 301.45 (5m) (a) 3. b. of the statutes, as created by 1999 Wisconsin Act 89, is amended to read:

AB969,42,15 301.45 (5m) (a) 3. b. Ten years from the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense which that subjects the person to the requirements of this section.

Note: Replaces "which" with "that" to correct grammar.

AB969, s. 115 Section 115. The treatment of 341.04 (1) (intro.) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 341.04 (1) (intro.) reads:

(1) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of this state any motor vehicle, recreational vehicle, trailer or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this state, or, except for registration under s. 341.30 or 341.305, a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee has been delivered to the department, submitted to a dealer under s. 341.09 (2m) for transmittal to the department or deposited in the mail properly addressed with postage prepaid and, if the vehicle is an automobile or motor truck having a registered weight of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle unless the operator or owner of the vehicle produces proof that operation of the vehicle is within 2 business days of the vehicle's sale or transfer, or the vehicle in question is exempt from registration.

AB969, s. 116 Section 116. The treatment of 341.05 (26) (a) of the statutes by 1999 Wisconsin Act 53 is not repealed by 1999 Wisconsin Act 85. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 341.05 (26) (a) reads:

(a) The vehicle is a manufactured home, as defined in s. 101.91 (2).

AB969, s. 117 Section 117. The treatment of 341.14 (6m) (a) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 341.14 (6m) (a) reads:

(a) Upon application to register an automobile or motor truck which has a gross weight of not more than 8,000 pounds by any person who is a resident of this state and a member or retired member of the national guard, the department shall issue to the person special plates whose colors and design shall be determined by the department and which have the words "Wisconsin guard member" placed on the plates in the manner designated by the department. The department shall consult with or obtain the approval of the adjutant general with respect to any word or symbol used to identify the national guard. An additional fee of $10 shall be charged for the issuance of the plates. Registration plates issued under this subsection shall expire annually.

AB969, s. 118 Section 118. 341.47 (1) (intro.) of the statutes, as affected by 1999 Wisconsin Acts 9 and 91, is amended to read:

AB969,43,13 341.47 (1) (intro.) Except as provided in sub. (2), any motor vehicle, recreational vehicle, trailer or semitrailer that is owned or repossessed by, or consigned for sale to, a dealer, distributor or manufacturer may be operated on the highways of this state for either private or business purposes without being registered if such the vehicle has displayed upon it valid registration plates issued under s. 341.51 to the dealer, distributor or manufacturer who is the owner of the vehicle or holder of the repossessed or consigned for sale vehicle and such the vehicle:

Note: Inserts "that is" and replaces "such" for improved readability and conformity with current style. The last phrase is deleted as being redundant.

AB969, s. 119 Section 119. The treatment of 342.10 (1) (d) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 342.10 (1) (d) reads:

(d) A description of the vehicle, including make and identification number, except that if the vehicle was last registered in another jurisdiction the make and model contained in the certificate shall be the make and model contained in the last certificate of title issued by the other jurisdiction.

AB969, s. 120 Section 120. The treatment of 342.18 (4) (a) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 342.18 (4) (a) reads, effective 7-1-00:

(a) Whenever application therefor accompanied by the required fee is made by a finance company licensed under ss. 138.09 or 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state, and the vehicle in question is a used vehicle for which the department had issued a certificate of title to the previous owner or a vehicle previously registered in another jurisdiction or is a recreational vehicle.

AB969, s. 121 Section 121. 342.30 (2) of the statutes, as affected by 1999 Wisconsin Acts 9 and 80, is amended to read:

AB969,44,15 342.30 (2) Except as provided in this subsection, an identification number assigned by the department to a recreational vehicle vehicle shall be permanently affixed to a location on the vehicle that is readily visible when observed from outside the vehicle, as specified by the department by rule. Identification numbers assigned for cycles shall be stamped on the left side, near the top of the engine casting just below the cylinder barrel. Such stamping or affixing shall be done under the supervision of a dealer, distributor or manufacturer registered under s. 341.51 or under the supervision of a peace officer. The person supervising the stamping or affixing shall make a report thereof to the department.

Note: The stricken language was inserted by 1999 Wis. Act 9 but rendered surplusage by the treatment of this provision by 1999 Wis. Act 80.

AB969, s. 122 Section 122. The treatment of 343.50 (4) of the statutes by 1999 Wisconsin Acts 9 and 80 is not repealed by 1999 Wisconsin Act 88. All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 343.50 (4) reads: