SB146: Bill Text

SB146, s. 173 Section 173. The treatment of 114.33 (6) of the statutes by 1997 Wisconsin Act 253 is not repealed by 1997 Wisconsin Act 282. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 174 Section 174. 115.28 (21) of the statutes is repealed.

Note: By its terms this subsection does not apply after June 30, 1996.

SB146, s. 175 Section 175. 115.28 (24) of the statutes is amended to read:

SB146,56,7 115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21) and to school boards under ss. 115.36 and 115.362, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.362, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1).

Note: See the previous section of this bill.

SB146, s. 176 Section 176. 115.42 of the statutes, as created by 1997 Wisconsin Act 298, is renumbered 115.425.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 237 also creates a provision numbered s. 115.42.

SB146, s. 177 Section 177. The treatment of 116.032 (1) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 238. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 178 Section 178. The treatment of 116.08 (4) of the statutes by 1997 Wisconsin Act 164 is not repealed by 1997 Wisconsin Act 238. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 179 Section 179. The treatment of 117.05 (1m) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 286. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 180 Section 180. The treatment of 117.05 (9) (a) (intro.) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 286. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 181 Section 181. 117.05 (9) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 286, is amended to read:

SB146,57,8 117.05 (9) (b) The clerk of the school district ordering the dissolution or requesting review shall pay the fee under par. (a) 3. or 4. to the state superintendent. The clerk of each affected school district shall pay the fee under par. (a) 1. to the department state superintendent. The department state superintendent shall allocate the fee under par. (a) 1. among the school districts from which territory is being detached to create a new school district if there is more than one such school district. The secretary of the board shall forward the fees collected under par. (a) 1. and 5. to the state superintendent.

Note: 1997 Wis. Act 286 inserted the stricken language without taking into account the treatment of this provision by 1997 Wis. Act 27. 1997 Wis. Act 27 changed the other references to department contained in this paragraph to state superintendent.

SB146, s. 182 Section 182. The treatment of 117.30 (1) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 286. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 183 Section 183. 118.30 (2) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 164, is amended to read:

SB146,57,14 118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board shall comply with s. 115.77 (1) (1m) (bg).

Note: Corrects cross-reference. There is no s. 115.77 (1) (bg).

SB146, s. 184 Section 184. The treatment of 119.04 (1) of the statutes by 1997 Wisconsin Acts 77, 113 and 240 is not repealed by 1997 Wisconsin Act 335. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 185 Section 185. The treatment of 121.14 (1) of the statutes by 1997 Wisconsin Act 164 is not repealed by 1997 Wisconsin Act 240. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 186 Section 186. 121.90 (2) (intro) and (a) of the statutes, as affected by 1997 Wisconsin Acts 113, 237 and 286, are amended to read:

SB146,58,4 121.90 (2) "State aid" means aid under ss. 121.08, 121.09 and 121.105 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4), and amounts under s. 79.095 (4) for the current school year, except that "state aid" excludes all of the following:

SB146,58,8 (a) Any additional aid that a school district receives as a result of ss. 121.07 (6) (e) 1. and (7) (e) 1. and 121.105 (3) for school district consolidations that are effective on or after July 1, 1995, as determined by the department. "State aid" also includes amounts under s. 79.095 for the current school year.

Note: The stricken language was inserted by 1997 Wis. Act 237, but the treatment of s. 121.90 (2) by 1997 Wis. Act 286 resulted in the positioning of that language within the provision being incorrect. "79.095" is changed to "79.095 (4)" to specify the part within that statute that relates to payments.

SB146, s. 187 Section 187. The treatment of 121.905 (3) (a) of the statutes by 1997 Wisconsin Acts 113 and 164 is not repealed by 1997 Wisconsin Act 286. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 188 Section 188. The treatment of 121.905 (3) (b) of the statutes by 1997 Wisconsin Act 164 is not repealed by 1997 Wisconsin Act 286. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 189 Section 189. The treatment of 121.91 (3) (c) of the statutes by 1997 Wisconsin Act 113 is not repealed by 1997 Wisconsin Act 237. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 190 Section 190. 128.17 (1) (d) of the statutes is amended to read:

SB146,58,19 128.17 (1) (d) Wages, including pension, welfare and vacation benefits, due to workmen, clerks, traveling or city salesmen salespersons or servants, which have been earned within 3 months before the date of the commencement of the proceedings, not to exceed $600 to each claimant.

Note: Replaces gender specific word form.

SB146, s. 191 Section 191. 138.09 (1m) (b) 2. b. of the statutes, as affected by 1997 Wisconsin Act 237, is amended to read:

SB146,59,5 138.09 (1m) (b) 2. b. The division may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 192 Section 192. 138.12 (3) (d) 2. b. of the statutes, as affected by 1997 Wisconsin Act 237, is amended to read:

SB146,59,10 138.12 (3) (d) 2. b. The division may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 193 Section 193. 146.34 (1) (j) of the statutes, as affected by 1997 Wisconsin Act 188, is amended to read:

SB146,59,16 146.34 (1) (j) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. 990.001 (16). This relationship may be by consanguinity or direct affinity.

Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.

SB146, s. 194 Section 194. 146.40 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

SB146,60,6 146.40 (1) (d) "Nurse's assistant" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse's assistant" does not mean an individual who is licensed, permitted, certified or registered under subch. X XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or an individual whose duties primarily involve skills that are different than those taught in instructional and competency evaluation programs for nurse's assistants certified under sub. (3) or evaluated by competency evaluation programs for nurse's assistants approved under sub. (3m).

Note: Subch. X of ch. 440, as created by 1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.

SB146, s. 195 Section 195. The treatment of 146.81 (1) (em) of the statutes by 1997 Wisconsin Act 75 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 196 Section 196. 146.81 (1) (hp) of the statutes, as created by 1997 Wisconsin Act 156, is amended to read:

SB146,60,12 146.81 (1) (hp) A massage therapist or bodyworker issued a license of registration under subch. X XI of ch. 440.

Note: Subch. X of ch. 440, as created by 1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.

SB146, s. 197 Section 197. 146.82 (2) (a) 18. of the statutes, as created by 1997 Wisconsin Act 272, is renumbered 146.82 (2) (a) 18m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 114 also created a provision numbered s. 146.82 (2) (a) 18.

SB146, s. 198 Section 198. 153.01 (4d) of the statutes, as created by 1997 Wisconsin Act 231, is repealed.

Note: 1997 Wis. Act 27 created an identical paragraph as s. 153.01 (4).

SB146, s. 199 Section 199. 157.061 (7) of the statutes, as affected by 1997 Wisconsin Act 188, is amended to read:

SB146,61,3 157.061 (7) "Family member" means a spouse or an individual related by blood, marriage or adoption within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. 990.001 (16).

Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.

SB146, s. 200 Section 200. 165.40 (1) (d) of the statutes, as created by 1997 Wisconsin Act 93, is amended to read:

SB146,61,7 165.40 (1) (d) "Nonprofit corporation" has the meaning given in s. 181.02 (8) 181.0103 (17).

Note: Inserts correct reference. 1997 Wis. Act 79 repealed and recreated ch. 181. The definition of "nonprofit corporation" is now at s. 181.0103 (17).

SB146, s. 201 Section 201. The treatment of 167.31 (4) (c) of the statutes by 1997 Wisconsin Act 248 is not repealed by 1997 Wisconsin Act 249. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 202 Section 202. The treatment of 167.31 (4) (cg) (intro.) of the statutes by 1997 Wisconsin Act 248 is not repealed by 1997 Wisconsin Act 249. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 203 Section 203. The treatment of 167.31 (4) (cm) of the statutes by 1997 Wisconsin Act 248 is not repealed by 1997 Wisconsin Act 249. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 204 Section 204. The treatment of 167.31 (4m) of the statutes by 1997 Wisconsin Act 248 is not repealed by 1997 Wisconsin Act 249. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 205 Section 205. 172.52 of the statutes, as affected by 1997 Wisconsin Act 192, section 12, and 1997 Wisconsin Act 254, section 32, is amended to read:

SB146,62,8 172.52 Appraisal. The freeholders appointed as appraisers under s. 173.01 172.51 shall be immediately notified and shall immediately repair to the place damaged by the animals and view the damages done. The appraisers may take evidence of any witnesses of the facts and circumstances necessary to enable them to ascertain the extent of the damages and the sufficiency of any line fence on the premises where the damage was done, if any dispute arises regarding the damages or line fence. The appraisers may administer oaths to the witnesses. The appraisers shall certify under their hands the amount of damages, the cost of keeping the beasts to that time, their fees for services as appraisers not exceeding $1 per day each, and their determination as to the sufficiency of the line fence, if in dispute. The appraisers' decision as to damages and sufficiency of the fence is conclusive.

Note: Section 173.01 was renumbered to s. 172.51 by 1997 Wis. Act 192.

SB146, s. 206 Section 206. 172.53 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 192, section 12, and 1997 Wisconsin Act 254, section 33, is amended to read:

SB146,62,14 172.53 (1) (intro.) Unless the damages determined under s. 173.02 172.52, together with the fees of the appraisers and chairperson, president or mayor, have been paid within 24 hours after the appraisal, the person distraining the beasts shall cause the beasts to be confined in accordance with whichever of the following applies:

Note: Section 173.02 was renumbered to s. 172.52 by 1997 Wis. Act 192.

SB146, s. 207 Section 207. 172.53 (2) of the statutes, as affected by 1997 Wisconsin Act 192, section 12, and 1997 Wisconsin Act 254, section 33, is amended to read:

SB146,63,2 172.53 (2) The beasts shall remain confined until sold under ss. 173.04 172.54 to 173.06 172.56, until the damages, fees and costs of keeping the beasts after appraisal are paid or until they are otherwise seized or discharged according to law. The confined beasts shall be furnished with suitable food from the time of seizure until they are discharged or sold. The expense of feeding the beasts, after the appraisal, shall be added to the amount determined under s. 173.02 172.52 and paid as additional costs. If the beasts are put in a pound, the certificate of appraisal shall be delivered to the keeper of the pound.

Note: Sections 173.01 to 173.07 were renumbered to ss. 172.51 to 172.57 by 1997 Wis. Act 192.

SB146, s. 208 Section 208. 172.54 of the statutes, as affected by 1997 Wisconsin Act 192, section 12, and 1997 Wisconsin Act 254, section 34, is amended to read:

SB146,63,12 172.54 Time and notice of sale. The poundmaster of any pound shall receive and keep any beasts delivered to the poundmaster under s. 173.03 172.53. Unless the beasts are seized or discharged according to law within 6 days, from the time of their delivery to the pound, the poundmaster shall sell at public auction the beasts or so many of them as is necessary to pay the damages, fees and costs enumerated under ss. 173.02 172.52 and 173.03 172.53. The poundmaster shall give 2 days' notice of the sale by notice posted upon the pound and at 3 public places in the town, city or village in which the pound is located.

Note: Sections 173.01 to 173.07 were renumbered to ss. 172.51 to 172.57 by 1997 Wis. Act 192.