SB421: Bill Text

SB421,9,5 23.0917 (1) (c) "Department land" means an area of land that is owned by the state, that is under the jurisdiction of the department and that is used for one of the purposes specified in s. 23.09 (2d) (2) (d).

Note: Corrects cross-reference. There is no s. 23.09 (2d). Section 23.09 (2) (d) relates to purposes for lands acquired by the department of natural resources.

SB421, s. 24 Section 24. 23.198 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,9,12 23.198 (1) (a) From the appropriation under s. 20.866 (2) (ta), the department shall provide up to $1,500,000 for the development of a state park which that will provide access to Lake Michigan in the city of Milwaukee. For purposes of s. 23.0917, moneys provided under this paragraph shall be treated as moneys obligated under the subprogram for property development and local assistance.

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

SB421, s. 25 Section 25. 23.32 (3) (a) 3. of the statutes is amended to read:

SB421,9,15 23.32 (3) (a) 3. For each copy of a digital wetland data base database covering one township, $15.

Note: Corrects spelling.

SB421, s. 26 Section 26. 25.187 (2) (c) 3. b. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,9,20 25.187 (2) (c) 3. b. Annually, no later than June 15, certify to the department of administration and to the joint committee on finance the total market value of the assets of the funds on April 30 no later than June 15.

Note: Reorders text for improved clarity and readability.

SB421, s. 27 Section 27. 25.47 (6) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,10,5 25.47 (6) The net proceeds of revenue obligations issued under s. 101.143 (9m) that are transferred from a separate and distinct fund outside the state treasury, in an account maintained by a trustee, under s. 18.562 (3) and (5) (e).

Note: There is no s. 18.562 (5) (e). Section 18.562 (3) provides for a separate redemption fund; s. 18.562 (5) relates to authorizing resolutions.

SB421, s. 28 Section 28. 26.37 (2) of the statutes is amended to read:

SB421,10,18 26.37 (2) The department of natural resources may not expend moneys from the appropriations under s. 20.370 (5) (ax) or (6) (bt), 1997 stats., unless the department of natural resources and the department of commerce first submit to the joint committee on finance the plan required under sub. (1). If the cochairpersons of the joint committee on finance do not notify the department of natural resources within 14 working days after the date of the departments' submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented and moneys may be expended as proposed by the department of natural resources. If, within 14 days after the date of the departments' submittal of the plan, the cochairpersons of the committee notify the department of natural resources that the committee has scheduled a meeting to review the plan, moneys may be expended only after the plan has been approved by the committee.

Note: Section 20.370 (5) (ax) and (6) (bt) were repealed eff. 6-30-98 by 1995 Wis. Act 27.

SB421, s. 29 Section 29. 29.229 (5m) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,11,13 29.229 (5m) (c) The band is requested to enact tribal laws or ordinances that deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval issued under this section if the applicant for or the holder of the approval fails to provide the information required under tribal laws or ordinances enacted under par. (b) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development certifies that the applicant for or the holder of the approval has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The band is also requested to enact tribal laws or ordinance ordinances that invalidate an approval issued under this subsection if issued in reliance upon a statement made or subscribed under oath or affirmation under tribal laws or ordinances enacted under par. (b) that is false.

Note: The singular is replaced with the plural for correct sentence agreement.

SB421, s. 30 Section 30. 30.20 (1) (d) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,11,22 30.20 (1) (d) The drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c), remove material from a drain that the board operates in the Duck Creek Drainage District if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

Note: Inserts commas to correct grammar.

SB421, s. 31 Section 31. 30.77 (3) (dm) 2g. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,12,7 30.77 (3) (dm) 2g. If a local entity or an a boating organization objects to an ordinance enacted under par. (a) that applies to a river or stream, or to an ordinance enacted under par. (b), on the grounds that all or a portion of the ordinance is not necessary for public health, safety, welfare or the public's interest in preserving the state's natural resources, the procedure under subd 2r. shall apply.

Note: Inserts correct article.

SB421, s. 32 Section 32. 31.385 (4) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,12,15 31.385 (4) (a) The department shall maintain an inventory of all dams in the state that require a dam safety project under this section. The inventory shall list the dam safety projects in the chronological order in which they are required to be undertaken. For each dam safety project on the inventory, the department shall include a statement of which parts of the dam safety project are required to protect the rights held by the public in the navigable waters contained by the dam.

Note: Inserts missing article.

SB421, s. 33 Section 33. 38.28 (1m) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,13,3 38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under sub. (6) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), 118.55 (7r) and 146.55 (5), all receipts from grants awarded under ss. 16.004 (14), 38.04 (8) and (20), 38.14 (11), 38.26, 38.27, 38.30 38.305, 38.31, 38.33 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.

Note: Section 38.30, as created by 1999 Wis. Act 9, is renumbered s. 38.305 by this bill.

SB421, s. 34 Section 34. 38.30 of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 38.305.

Note: Confirms renumbering by the revisor. A previously existing section is numbered s. 38.30.

SB421, s. 35 Section 35. 39.435 (6) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,13,12 39.435 (6) The board may not make a grant under this section to a person if whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

Note: Deletes word inadvertently retained by 1999 Wis. Act 9.

SB421, s. 36 Section 36. 39.51 (1) (title) and (intro.) of the statutes are renumbered 45.54 (1) (title) and (intro.).

Note: The remainder of s. 39.51 (1) was renumbered to s. 45.54 by 1999 Wis. Act 9, which did not create a new (intro.) at s. 45.54 and therefore requires the renumbering by this provision.

SB421, s. 37 Section 37. 43.03 (9) of the statutes is amended to read:

SB421,13,19 43.03 (9) Develop and maintain a computer data base database containing bibliographic and library holding information for all types of library materials owned by libraries throughout the state to serve as a resource sharing tool and assist libraries in developing computerized bibliographic data bases databases.

Note: Corrects spelling.

SB421, s. 38 Section 38. 43.05 (11) of the statutes is amended to read:

SB421,14,13 43.05 (11) Maintain a reference and loan library to supplement the collections of all types of libraries in this state by providing specialized materials not appropriately held and information sources not provided by local libraries or readily available from other area or state-level resource providers. The library shall provide specialized information services to state agency libraries and state employes, institution libraries, public library systems, public libraries, school libraries and other types of libraries according to policies developed by the division. Library and information services may include development of collections of specialized materials, interlibrary loan services, reference services, provision of data base database search services and maintenance of a statewide data base database of library materials. The library may contract with state agencies and libraries to provide library material cataloging and processing services.

Note: Corrects spelling.

SB421, s. 39 Section 39. 45.37 (3) (title) of the statutes, as affected by 1999 Wisconsin Act 9, is repealed and recreated to read:

SB421,14,16 45.37 (3) (title) Exceptions to the basic eligibility requirements.

Note: 1999 Wis. Act 9, s. 983, repealed s. 45.37 (3) (b) (title), but that title was erroneously shown as the title of s. 45.37 (3) in Act 9, s. 984. This provision confirms that no change to s. 45.37 (3) (title) was intended.

SB421, s. 40 Section 40. 46.2805 (9) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,14,19 46.2805 (9) "Older person" means a person who is aged at least 65 years of age.

Note: Inserts standard terminology.

SB421, s. 41 Section 41. 46.286 (1) (a) 2. (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,15,6 46.286 (1) (a) 2. (intro.) The person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application and, on the date that the family care benefit became available in the person's county of residence, the person was a resident in a nursing home or had been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, which that were funded under any of the following:

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

SB421, s. 42 Section 42. 46.286 (3) (a) 3. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,15,11 46.286 (3) (a) 3. Is functionally eligible at the intermediate level and is determined by an agency under s. 46.90 (2) or specified in s. 55.05 55.01 (1t) to be in need of protective services under s. 55.05 or protective placement under s. 55.06.

Note: Corrects cross-reference. There is no s. 55.05 (1t). Section 55.01 (1t) relates to county protective service agencies.

SB421, s. 43 Section 43. 46.2895 (4) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,15,17 46.2895 (4) (b) Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business. The bylaws, policies and procedures shall be consistent with ss. 46.2085 46.2805 to 46.2895 and, if the family care district contracts with the department under par. (d), with the terms of that contract.

Note: Corrects cross-reference consistent with s. 46.2895 (4) (intro.). There is no s. 46.2085.

SB421, s. 44 Section 44. 46.40 (9) (c) (title) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,15,20 46.40 (9) (c) (title) Adjustment for medical assistance by-in buy-in program.

Note: Corrects spelling.

SB421, s. 45 Section 45. 48.685 (4m) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27 and 1999 Wisconsin Act 9, sections 1163d and 1173j, is amended to read:

SB421,16,7 48.685 (4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a has, or caregiver or permit a nonclient resident to reside at the entity has, or,, if the entity knows or should have known any of the following:

Note: 1999 Wis. Act 9 deleted "has, or" without showing it as stricken. The change was intended.

SB421, s. 46 Section 46. 48.685 (6) (b) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,16,16 48.685 (6) (b) 1. For caregivers who are licensed by the department, for persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) (14) or of a day care provider that is certified under s. 48.651, for persons who are nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.

Note: Corrects cross-reference. Section 120.13 (4) relates to on-farm training programs for veterans; sub. (14) relates to day care.

SB421, s. 47 Section 47. 49.029 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,17,4 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (5) (4) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

Note: 1999 Wis. Act 9 deleted "(5)" without showing it as stricken and inserted "(4)" without showing it as underscored. The change was intended.

SB421, s. 48 Section 48. 49.195 (3n) (L) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,17,19 49.195 (3n) (L) If no appeal or other proceeding for review permitted by law is pending and the time for taking an appeal or petitioning for review has expired, the department shall make a demand to the debtor for payment of the debt which that is subject to levy and give notice that the department may pursue legal action for collection of the debt against the debtor. The department shall make the demand for payment and give the notice at least 10 days prior to the levy, personally or by any type of mail service which that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt. The debtor's refusal or failure to accept or receive the notice does not prevent the department from making the levy. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.

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

SB421, s. 49 Section 49. 49.195 (3n) (m) 1. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,18,3 49.195 (3n) (m) 1. The department shall serve the levy upon the debtor and 3rd party by personal service or by any type of mail service which that requires a signature of acceptance.

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

SB421, s. 50 Section 50. 49.195 (3n) (s) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,18,10 49.195 (3n) (s) Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227.44 227. The appeal is limited to questions of prior payment of the debt that the department is proceeding against, and mistaken identity of the debtor. The levy is not stayed pending an appeal in any case where property is secured through the levy.

Note: Deletes unnecessary comma and corrects cross-reference. Section 227.44 is not the only ch. 227 section applicable to appeals.

SB421, s. 51 Section 51. 49.45 (39) (b) (title) of the statutes is created to read:

SB421,18,12 49.45 (39) (b) (title) School medical services.

Note: 1999 Wis. Act 9 renumbered s. 49.45 (39) (b) (title) to s. 49.45 (39) (b) 1. (title), leaving par. (b) without a (title), inconsistent with current style.

SB421, s. 52 Section 52. 49.453 (4) (a) 1. a. (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 49.453 (4) (a) 1. (intro.).

Note: Corrects numbering.

SB421, s. 53 Section 53. 49.472 (1) (c) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,18,20 49.472 (1) (c) "Independence account" means an account approved by the department that consists solely of savings, and dividends or other gains derived from those savings, from income earned from paid employment after the initial date that on which an individual began receiving medical assistance under this section.

Note: Inserts standard terminology.