SB146: Bill Text

SB146,25,14 29.733 (2) (c) 1. The department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 79 Section 79. 29.745 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 248, section 589, is amended to read:

SB146,25,18 29.745 (1) (b) Application for a permit shall be made on forms provided by to the department.

SB146,25,20 NOTE: The stricken language was rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 80 Section 80. 29.867 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 73, and 1997 Wisconsin Act 248, section 617, is amended to read:

SB146,26,10 29.867 (3) Upon issuance, subject to s. 29.024 (2g) and (2r), of the license, the department shall appoint one person, the licensee shall appoint one person, and these 2 appointees shall select a 3rd person, to determine as accurately as possible the number of wild birds and animals of the desired species on the land at the time of the issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 30 days after the date of the determination as approved by the department, the licensee shall pay to the department a specified sum determined by the department for those species of wild birds and animals on the licensed premises that are desired for propagation purposes, the title of which is in the state. subject to s. 29.09 (11m) and (11r) issued

Note: The stricken language was inserted by 1997 Wis. Acts 191 and 237, but was rendered without effect by the treatment of this provision by 1997 Wis. Act 248. This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r). The underscored language is inserted to give effect to the Acts 191 and 237 treatments.

SB146, s. 81 Section 81. 29.869 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 74, and 1997 Wisconsin Act 248, section 618, is amended to read:

SB146,26,18 29.869 (3) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of fur animals and the applicant intends in good faith to establish and maintain a fur animal farm, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, trap and deal in fur animals that are on the licensed premises.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 82 Section 82. 29.871 (4) of the statutes, as affected by 1997 Wisconsin Act 237, section 76, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,27,8 29.871 (4) If the applicant is the owner or lessee of the lands and the applicant intends in good faith to establish and maintain a deer farm, the department may inform the applicant that, as soon as the applicant has built a suitable deer fence around the premises to be included within the license, it will issue a license. The applicant shall install a deer-tight fence in accordance with specifications prescribed by the department. After the installation of the fence, the department shall issue a license to the applicant. The license shall describe the lands and authorize the licensee to breed, propagate, kill and sell the deer that are on the licensed premises. Section 29.09 (11m) and (11r) 29.024 (2g) and (2r) applies to the issuance of licenses under this subsection.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 83 Section 83. 29.871 (5) of the statutes, as affected by 1997 Wisconsin Act 237, section 77, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,27,13 29.871 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), if the licensee has not violated any of the provisions under which it was issued.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 84 Section 84. 29.871 (11) of the statutes, as affected by 1997 Wisconsin Act 191, section 32, and 1997 Wisconsin Act 248, section 624, is amended to read:

SB146,28,5 29.871 (11) Each license and title to the deer in the issued enclosure shall be conditioned upon the licensee complying with this section and other statutes and rules relating to the maintenance of deer farms. In an action to revoke the license the court, in the judgment, shall provide that the title to all of the deer within the enclosure is forfeited to the state; that the licensed premises may not be used for a deer farm for a period of 5 years and until a new license has been issued by the department after the 5-year period; that the department shall within 30 days of the notice of entry of judgment enter the premises and open the fences and may drive the animals out of the enclosure; that the lands for which the license has been forfeited may be used by the owner for all lawful purposes except the propagating of deer; and that during the 5-year period hunting or trapping is prohibited on the land. The department shall post notices of the judgment at intervals of 55 yards around the entire premises.

Note: The stricken language was inserted by 1997 Wis. Acts 191, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248.

SB146, s. 85 Section 85. 29.871 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 237, section 79, and 1997 Wisconsin Act 248, section 626, is amended to read:

SB146,28,11 29.871 (14) (am) Subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), the department may issue retail deer sale permits authorizing a person to sell at retail white-tailed deer venison from a deer lawfully killed under this section if the venison is inspected under s. 97.42.

Note: This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 86 Section 86. 29.871 (14) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 237, section 80, and 1997 Wisconsin Act 248, section 627, is amended to read:

SB146,28,20 29.871 (14) (b) (intro.) The department may issue a venison serving permit authorizing a person to serve venison obtained from a deer farm licensed under this section. The application for this permit shall be in the form and include the information the department requires. The department, the department, subject to s. 29.09 (11m) and (11r) 29.024 (2g) and (2r), may issue a venison serving permit conditioned as follows:

Note: The stricken "the department" was inserted by 1997 Wis. Act 191, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 248. This bill renumbers s. 29.09 (11m) and (11r) to be s. 29.024 (2g) and (2r).

SB146, s. 87 Section 87. The treatment of 29.877 (3) of the statutes, as renumbered, by 1997 Wisconsin Act 191, section 36, is not repealed by 1997 Wisconsin Act 248, section 635. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.585 (3) and renumbered it to s. 29.877 (3).

SB146, s. 88 Section 88. 29.885 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 248, section 640, is amended to read:

SB146,29,8 29.885 (1) (f) Notwithstanding s. 29.01 (14) 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.

Note: Section 29.01 (14) was renumbered to s. 29.001 (90) by 1997 Wis. Act 248.

SB146, s. 89 Section 89. The treatment of 29.934 (1) (d) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 114, is not repealed by 1997 Wisconsin Act 285, section 1. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 amended s. 29.06 (1) (d) and renumbered it to s. 29.934 (1) (d).

SB146, s. 90 Section 90. The treatment of 29.971 (1) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 714, is not repealed by 1997 Wisconsin Act 283, section 20. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 renumbered s. 29.99 (1) (c) to s. 29.971 (1) (c).

SB146, s. 91 Section 91. The treatment of 29.971 (1m) (c) of the statutes, as renumbered, by 1997 Wisconsin Act 248, section 714, is not repealed by 1997 Wisconsin Act 283, section 21. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 248 renumbered s. 29.99 (1m) (c) to s. 29.971 (1m) (c).

SB146, s. 92 Section 92. 29.989 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 248, section 728, is amended to read:

SB146,30,6 29.989 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture where the payment of a natural resources restitution payment is required, the court shall impose a natural resources restitution payment equal to the amount of the statutory fee for the approval which was required and should have been obtained.

Note: 1997 Wis. Act 248 deleted the underscored language without showing it as stricken and inserted the stricken language without showing it as underscored. No change was intended.

SB146, s. 93 Section 93. 30.71 (1) of the statutes is amended to read:

SB146,30,9 30.71 (1) In this section, "outlying waters" has the meaning given in s. 29.01 (11) 29.001 (63).

Note: Section 29.01 (11) was renumbered s. 29.001 (63) by 1997 Wis. Act 248.

SB146, s. 94 Section 94. 30.71 (2) of the statutes, as affected by 1997 Wisconsin Acts 248 and 330, is amended to read:

SB146,30,14 30.71 (2) No person may, while maintaining or operating any boat equipped with toilets on the waters of this state 29.001 (45) (63), dispose of any toilet wastes in any manner into the water.

Note: The stricken language was inserted by 1997 Wis. Act 248, but was rendered without effect by the treatment of this provision by 1997 Wis. Act 330.

SB146, s. 95 Section 95. 32.05 (1) (a) of the statutes, as affected by 1997 Wisconsin Acts 184 and 282, is amended to read:

SB146,31,14 32.05 (1) (a) Except as provided under par. (b), the a county board of supervisors or the a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 66.22 or 66.88 to 66.918, the secretary of transportation, a commission created by contract under s. 66.30, a joint local water authority created by contract under s. 66.0375, 66.0735, a housing authority under ss. 66.40 to 66.404, a local exposition district created under subch. II of ch. 229, a redevelopment authority under s. 66.431 or a community development authority under s. 66.4325 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

Note: Corrects transposed number inserted by 1997 Wis. Act 184. Section 66.0735 as created by Act 184 relates to joint local water authorities. There is no s. 66.0375. Inserts "a" for proper sentence agreement.

SB146, s. 96 Section 96. 35.84 (figure) line 22. (title) of the statutes is amended to read:

SB146,31,17 35.84 (figure) line 22. (title) Integrated Legislative Information System Staff Technology Services Bureau

Note: 1997 Wis. Act 237 renamed the Integrated Legislative Information System Staff the Legislative Technology Services Bureau. The change is reflected in the printed volumes.

SB146, s. 97 Section 97. 38.27 (5) (a) 1m. of the statutes, as affected by 1997 Wisconsin Act 163, section 3, is renumbered 38.24 (5) (a) 1m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wisconsin Act 163 created s. 38.24 (5) (a) 1g. and renumbered s. 38.24 (5) (a) 1. to s. 38.27 (5) (a) 1m. The renumbering to s. 38.27 was unintended. There is no s. 38.27 (5). The change was made in order to keep definitions within s. 38.24 (5) in alphabetical order.

SB146, s. 98 Section 98. 40.25 (2) of the statutes is amended to read:

SB146,32,9 40.25 (2) Subject to subs. (2m) and sub. (2t), if all requirements for payment of a retirement annuity are met except attainment of age 55 or age 50 for protective occupation participants, a separation benefit may be paid, if the participant's written application for a separation benefit is received by the department prior to the participant's 55th birthday or 50th birthday for protective occupation participants, in an amount equal to the additional and employe required contribution accumulations of the participant on the date the application for a separation benefit is approved.

Note: Section 40.25 (2m) was repealed by 1997 Wis. Act 69.

SB146, s. 99 Section 99. 40.25 (2t) of the statutes is amended to read:

SB146,32,14 40.25 (2t) A protective occupation participant who is covered by the presumption under s. 891.455 and who applied for a duty disability benefit under s. 40.65 on or after May 12, 1998, may not be paid a separation benefit under sub. (2) or (2m) during the period in which he or she is receiving the duty disability benefit.

Note: Section 40.25 (2m) was repealed by 1997 Wis. Act 69.

SB146, s. 100 Section 100. The treatment of 40.51 (8m) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 252. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 101 Section 101. 44.095 of the statutes is repealed.

Note: By its terms, this section does not apply after June 30, 1998.

SB146, s. 102 Section 102. 46.86 (2m) (a) of the statutes is amended to read:

SB146,32,21 46.86 (2m) (a) In this subsection, "long-term treatment" means treatment that is, in the majority of instances, not less than 5 months and mot nor more than 12 months in duration.

Note: Inserts correct word.

SB146, s. 103 Section 103. The treatment of 48.01 (1) (a) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 292. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 104 Section 104. 48.27 (4) (b) (a) and (b) of the statutes, as created by 1997 Wisconsin Act 292, are renumbered 48.27 (4) (b) 1. and 2.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) to correct the numbering of s. 48.27 (4) (b) by 1997 Wis. Act 292.

SB146, s. 105 Section 105. The treatment of 48.299 (4) (b) of the statutes by 1997 Wisconsin Act 292 is not repealed by 1997 Wisconsin Act 334. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 106 Section 106. The treatment of 48.299 (5) of the statutes by 1997 Wisconsin Act 252 is not repealed by 1997 Wisconsin Act 292. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 107 Section 107. The treatment of 48.365 (2m) (a) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 292. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 108 Section 108. 48.396 (1) of the statutes, as affected by 1997 Wisconsin Act 292, is amended to read:

SB146,34,11 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: Corrects word order.

SB146, s. 109 Section 109. The treatments of 48.415 (2) (a) 2. a. of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 141, and 1997 Wisconsin Act 292, section 232, are not repealed by 1997 Wisconsin Act 294, section 4. All treatments stand.

Note: There is no conflict of substance. Section 48.415 (2) (b) 1. was renumbered to s. 48.415 (2) (a) 2. a. by 1997 Wis. Act 294.

SB146, s. 110 Section 110. The treatment of 48.415 (2) (a) 2. b. of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 142, is not repealed by 1997 Wisconsin Act 292, section 233. Both treatments stand.

Note: There is no conflict of substance. Section 48.415 (2) (b) 2. was renumbered to s. 48.415 (2) (a) 2. b. by 1997 Wis. Act 294.

SB146, s. 111 Section 111. The treatment of 48.415 (2) (a) 3. of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 143, is not repealed by 1997 Wisconsin Act 292, section 234m. Both treatments stand.

Note: There is no conflict of substance. Section 48.415 (2) (c) was renumbered to s. 48.415 (2) (a) 3. by 1997 Wis. Act 294.

SB146, s. 112 Section 112. The treatment of 48.685 (2) (am) (intro.) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 113 Section 113. 48.685 (2) (b) 1. (intro.) of the statutes, as affected by 1997 Wisconsin Acts 237 and 281, is amended to read: