AB934: Bill Text

AB934,8,6 15.78 Public defender board. There is created a public defender board consisting of 9 members appointed for staggered 3-year terms. No member may be, or be employed on the staff of, a judicial or law enforcement officer, district attorney, corporation counsel, or the state public defender. At least 5 members shall be members of the state bar State Bar of Wisconsin.

Note: Conforms capitalization to current style.

AB934, s. 18 Section 18. 16.375 (3) (intro.) and (d) of the statutes are consolidated, renumbered 16.375 (3) and amended to read:

AB934,8,13 16.375 (3) Transfer of real property. The department may transfer real property obtained under sub. (2) to an applicant pursuant to under a written agreement that includes the following: (d) The a provision that the applicant agrees to pay the department an amount to utilize the real property in conformance with the agreement.

Note: The (intro.) and par. (d) are combined as there are no other paragraphs.

AB934, s. 19 Section 19. 16.855 (10n) (a) (intro.) and 2. of the statutes are consolidated, renumbered 16.855 (10n) (a) and amended to read:

AB934,8,17 16.855 (10n) (a) In this subsection: 2. "Minority, "minority group member" has the meaning given in s. 560.036 (1) (f).

Note: The (intro.) and subd. 2. are combined as there are no other subdivisions.

AB934, s. 20 Section 20. 16.959 (4) of the statutes is amended to read:

AB934,8,21 16.959 (4) Train University of Wisconsin System extension Wisconsin-Extension staff to assist persons interested in siting wind energy conversion systems.

Note: Makes reference to the university extension consistent with the remainder of the statutes.

AB934, s. 21 Section 21. 17.16 (2) of the statutes is renumbered 17.001 and amended to read:

AB934,9,5 17.001 Definition. The word "cause," as used in In this chapter, unless qualified, "cause" means inefficiency, neglect of duty, official misconduct, or malfeasance in office.

Note: Moves a definition applicable to the entire chapter to a separate section at the beginning of the chapter, consistent with current style.

AB934, s. 22 Section 22. 18.61 (3) (a) of the statutes is amended to read:

AB934,9,15 18.61 (3) (a) If the state fails to pay any revenue obligation in accordance with its terms, and default continues for a period of 30 days or if the state fails or refuses to comply with this subchapter or defaults in any agreement made with the owners of any issue of revenue obligations, the owners of 25% in aggregate principal amount of the revenue obligations of the issue then outstanding, by instrument recorded in the office of the register of deeds of Dane county County and approved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the owners of the revenue obligations for the purposes specifically provided in the instrument.

Note: Conforms capitalization to current style and corrects punctuation.

AB934, s. 23 Section 23. 20.115 (4) (e) of the statutes is amended to read:

AB934,9,19 20.115 (4) (e) Aids to world dairy expo, inc. World Dairy Expo, Inc. The amounts in the schedule for aids to the world dairy expo, inc. World Dairy Expo, Inc., to be used for the payments under s. 93.30.

Note: Capitalizes corporate title consistent with current style.

AB934, s. 24 Section 24. 20.250 (intro.) of the statutes is amended to read:

AB934,9,22 20.250 Medical College of Wisconsin. (intro.) There is appropriated to the medical college Medical College of Wisconsin, inc. Inc., for the following program:

Note: Conforms capitalization to current style.

AB934, s. 25 Section 25. 20.285 (1) (h) of the statutes is amended to read:

AB934,10,19 20.285 (1) (h) Auxiliary enterprises. Except as provided under subs. (5) (i) and (6) (g), all moneys received by the university University of Wisconsin system System for or on account of any housing facility, commons, dining halls, cafeteria, student union, athletic activities, stationery stand or bookstore, parking facilities or car fleet, or such other auxiliary enterprise activities as the board designates and including such fee revenues as allocated by the board and including such moneys received under leases entered into previously with nonprofit building corporations as the board designates to be receipts under this paragraph, to be used for the operation, maintenance, and capital expenditures of activities specified in this paragraph, including the transfer of funds to pars. (kd) and (ke) and to nonprofit building corporations to be used by the corporations for the retirement of existing indebtedness and such other payments as may be required under existing loan agreements, and for optional rental payments in addition to the mandatory rental payments under the leases and subleases in connection with the providing of facilities for such activities. A separate account shall be maintained for each campus and extension. Upon the request of the extension or any campus within the system, the board of regents may transfer surplus moneys appropriated under this paragraph to the appropriation account under par. (kp).

Note: Conforms capitalization to current style.

AB934, s. 26 Section 26. 20.435 (2) (gk) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB934,12,5 20.435 (2) (gk) Institutional operations and charges. The amounts in the schedule for care, other than under s. 51.06 (1r), provided by the centers for the developmentally disabled, to reimburse the cost of providing the services and to remit any credit balances to county departments that occur on and after July 1, 1978, in accordance with s. 51.437 (4rm) (c); for care, other than under s. 46.043, provided by the mental health institutes, to reimburse the cost of providing the services and to remit any credit balances to county departments that occur on and after January 1, 1979, in accordance with s. 51.42 (3) (as) 2.; for maintenance of state-owned housing at centers for the developmentally disabled and mental health institutes; for repair or replacement of property damaged at the mental health institutes or at centers for the developmentally disabled; and for reimbursing the total cost of using, producing, and providing services, products, and care. All moneys received as payments from medical assistance on and after August 1, 1978; as payments from all other sources including other payments under s. 46.10 and payments under s. 51.437 (4rm) (c) received on and after July 1, 1978; as medical assistance payments, other payments under s. 46.10, and payments under s. 51.42 (3) (as) 2. received on and after January 1, 1979; as payments for the rental of state-owned housing and other institutional facilities at centers for the developmentally disabled and mental health institutes; for the sale of electricity, steam, or chilled water; as payments in restitution of property damaged at the mental health institutes or at centers for the developmentally disabled; for the sale of surplus property, including vehicles, at the mental health institutes or at centers for the developmentally disabled; and for other services, products , and care shall be credited to this appropriation, except that any payment under s. 46.10 received for the care or treatment of patients admitted under s. 51.10, 51.15, or 51.20 for which the state is liable under s. 51.05 (3), of patients admitted under s. 55.06 (9) (d) or (e) for which the state is liable under s. 55.05 (1), of forensic patients committed under ch. 971 or 975, admitted under ch. 975, or transferred under s. 51.35 (3), or of patients transferred from a state prison under s. 51.37 (5), to the Mendota mental health institute Mental Health Institute or the Winnebago mental health institute Mental Health Institute shall be treated as general purpose revenue — earned, as defined under s. 20.001 (4).

Note: Conforms capitalization to current style and adds articles for better readability.

AB934, s. 27 Section 27. 20.435 (6) (hx) of the statutes is amended to read:

AB934,12,19 20.435 (6) (hx) Services related to drivers, receipts. The amounts in the schedule for services related to drivers. All moneys received by the state treasurer from the driver improvement surcharge on court fines and forfeitures authorized under s. 346.655 and all moneys transferred from the appropriation account under s. 20.395 (5) (di) shall be credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (ek) 3.76% of all moneys credited to this appropriation from the driver improvement surcharge. Any unencumbered moneys in this appropriation account may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5) (ci) and (di), and 20.455 (5) (h) by the secretary of administration, after consultation with the secretaries of health and family services and transportation, the superintendent of public instruction, the attorney general, and the president of the university University of Wisconsin system System.

Note: Conforms capitalization to current style and corrects grammar.

AB934, s. 28 Section 28. 20.485 (1) (d) of the statutes is amended to read:

AB934,13,2 20.485 (1) (d) Cemetery maintenance and beautification. The amounts in the schedule for cemetery maintenance and beautification at the Wisconsin veterans memorial cemetery Veterans Memorial Cemetery at the Wisconsin veterans home Veterans Home at King.

Note: Conforms capitalization to current style.

AB934, s. 29 Section 29. 20.485 (1) (gd) of the statutes is amended to read:

AB934,13,8 20.485 (1) (gd) Veterans home cemetery operations. All moneys received from the estate of the decedents under s. 45.37 (15) (c) for the burial of veterans and non-veterans in the Wisconsin veterans memorial cemetery Veterans Memorial Cemetery at the Wisconsin veterans home Veterans Home at King, to be used for that purpose.

Note: Conforms capitalization to current style.

AB934, s. 30 Section 30. 20.485 (2) (em) of the statutes is amended to read:

AB934,13,14 20.485 (2) (em) Payments related to The Highground. From the general fund, as a continuing appropriation, the amounts in the schedule to make payments under s. 45.03 (3) related to the veterans memorial at The Highground in Clark county County. Moneys may not be spent from this appropriation without the approval of the joint committee on finance.

Note: Conforms capitalization to current style.

AB934, s. 31 Section 31. 20.680 (3) (g) of the statutes is amended to read:

AB934,13,18 20.680 (3) (g) Board of bar examiners. All moneys received from the state bar State Bar of Wisconsin, attorney licensing exam fees , and attorney licensing fees for the operational expenses of the board of bar examiners.

Note: Conforms capitalization to current style.

AB934, s. 32 Section 32. 20.680 (3) (h) of the statutes is amended to read:

AB934,14,2 20.680 (3) (h) Board of attorneys professional responsibility. All moneys received from the state bar State Bar of Wisconsin and any other revenue derived from the activities of the board for the operational expenses of and the expenses of disciplinary investigations and actions by the board of attorneys professional responsibility.

Note: Conforms capitalization to current style.

AB934, s. 33 Section 33. 20.866 (2) (zb) of the statutes is amended to read:

AB934,14,9 20.866 (2) (zb) Medical college College of Wisconsin, inc. Inc.; basic science education and health information technology facilities. From the capital improvement fund, a sum sufficient for the medical college Medical College of Wisconsin, inc. Inc., to aid in the construction of a basic science education facility and in the funding of a health information technology center. The state may contract public debt in an amount not to exceed $10,000,000 for these purposes.

Note: Conforms capitalization to current style.

AB934, s. 34 Section 34. 20.916 (3) of the statutes is amended to read:

AB934,14,23 20.916 (3) Furnishing of group transportation to place of work. The department of health and family services, the department of corrections , and the department of natural resources may, with the approval of the governor and the department of administration, provide group transportation, in the absence of convenient and public scheduled transportation, for employees to and from the Mendota and Winnebago mental health institutes and the centers for the developmentally disabled in the case of employees of the department of health and family services, to the Ethan Allen School, the Taycheedah Correctional Institution, and the Fox Lake Correctional Institution in the case of employees of the department of corrections, and to and from its temporary branch offices located at the Nevin fish hatchery Fish Hatchery grounds in the case of employees of the department of natural resources. Any employee, if injured while being so transported, shall be deemed considered to have been in the course of his or her employment.

Note: Conforms capitalization to current style and inserts preferred term.

AB934, s. 35 Section 35. 20.916 (4m) of the statutes is renumbered 20.916 (4m) (b) and amended to read:

AB934,15,16 20.916 (4m) (b) Except as otherwise provided in this subsection paragraph, if any state agency determines that the an employee's duties of an employee require the use of a motor vehicle, and use of a personal motor vehicle is authorized by the agency under similar circumstances, the agency shall authorize the employee to use a personal motorcycle for such the employee's duties and shall reimburse the employee for such the use of the motorcycle at rates determined biennially by the secretary of employment relations under sub. (8), subject to the approval of the joint committee on employment relations. No state agency may authorize an employee to use or reimburse an employee for the use of a personal motorcycle under this subsection paragraph if more than one individual is transported on the motorcycle. All allowances for the use of a motorcycle shall be paid upon approval and certification of the amounts payable by the head of the state agency for which the employee performs duties to the department of administration. In this subsection, "motorcycle" has the meaning given under s. 340.01 (32).

Note: Moves definition to a separate paragraph at the beginning of the subsection, consistent with current style, and inserts specific references. See also the next section of this bill.

AB934, s. 36 Section 36. 20.916 (4m) (a) of the statutes is created to read:

AB934,15,19 20.916 (4m) (a) In this subsection, "motorcycle" has the meaning given under s. 340.01 (32).

Note: See the previous section of this bill.

AB934, s. 37 Section 37. 20.927 (1) of the statutes is renumbered 20.927 (1m).

Note: Accommodates the renumbering of a definition to the beginning of the section, consistent with current style. See the next section of this bill.

AB934, s. 38 Section 38. 20.927 (4) of the statutes is renumbered 20.927 (1g).

Note: Moves definition to the beginning of the section, consistent with current style.

AB934, s. 39 Section 39. 24.39 (4) (h) of the statutes is amended to read:

AB934,16,6 24.39 (4) (h) All rights to submerged lands and rights above submerged lands ceded, granted, or leased to municipalities, or other persons by prior acts of the state [1961] that were effective prior to October 10, 1961, shall not be affected by this subsection or by s. 30.11 (5).

Note: Inserts the effective date of ch. 355, laws of 1961, which created this provision, and language to clarify the applicability of this provision.

AB934, s. 40 Section 40. 26.01 of the statutes is renumbered 26.01 (intro.) and amended to read:

AB934,16,9 26.01 Definition Definitions. (intro.) In this chapter, unless:

AB934,16,11 (1) Unless the context requires otherwise , "department" means the department of natural resources.

Note: Accommodates the renumbering of s. 26.11 (2) by this bill.

AB934, s. 41 Section 41. 26.11 (1) of the statutes is amended to read:

AB934,16,17 26.11 (1) The department is vested with power, authority , and jurisdiction in all matters relating to the prevention, detection, and suppression of forest fires outside the limits of incorporated villages and cities in the state except as provided in sub. s. 26.01 (2), and to do all things necessary in the exercise of such power, authority, and jurisdiction.

Note: Deletes unnecessary term. Village means an incorporated village under s. 990.01 (45). Changes cross-reference in accordance with renumbering by this bill.

AB934, s. 42 Section 42. 26.11 (2) of the statutes is renumbered 26.01 (2) and amended to read:

AB934,17,5 26.01 (2) The term "forest "Forest fire" as used in this chapter means uncontrolled, wild, or running fires occurring on forest, marsh, field, cutover, or other lands or involving farm, city, or village property and improvements incidental to the uncontrolled, wild, or running fires occurring on forest, marsh, field, cutover, or other lands.

Note: Renumbers definition applicable to all of ch. 26 to the definitions section at the beginning of the chapter consistent with current style.

AB934, s. 43 Section 43. 27.11 (5) (a) of the statutes is renumbered 27.11 (5).

Note: Eliminates unnecessary paragraph designation. This provision is not subdivided.

AB934, s. 44 Section 44. 28.11 (6) (b) 4. of the statutes is amended to read:

AB934,17,14 28.11 (6) (b) 4. Within 90 days after completion of any cutting operation (, including timber trespass), but not more than 2 years after filing the cutting notice, the county shall transmit to the department on forms furnished by the department, a report of merchantable wood products cut. The department may conduct such any investigations on timber cutting operations as that it deems considers to be advisable, including the holding of public hearings thereon on the timber cutting operations, and may assess severance share payments accordingly.

Note: Replaces parentheses and disfavored terminology to improve readability and to conform to current style.

AB934, s. 45 Section 45. 28.11 (11) (a) of the statutes is renumbered 28.11 (11) (a) 1. and amended to read:

AB934,18,6 28.11 (11) (a) 1. The county board may by resolution adopted by not less than two-thirds of its membership make application to the department to withdraw lands entered under this section. The county board shall first refer the resolution to the county forestry committee, which shall consult with an authorized representative of the department in formulating its withdrawal proposal. The county board shall not take final action thereon on the application until 90 days after such referral of the application to the forestry committee or until the report thereon of the forestry committee regarding the application has been filed with the board. Such The application shall include the land description and, a statement of the reasons for withdrawal, and any restrictions or other conditions of use attached to the land proposed for withdrawal.

AB934,18,23 2. Upon the filing of such an application to withdraw lands under subd. 1., the department shall investigate the same and it may conduct a public hearing thereon if it deems it advisable at such time and place as it sees fit. If requested by the county in writing the department shall hold a public hearing the application. During the course of its investigation the department shall make an examination of the character of the land, the volume of timber, improvements, and any other special values and in. In the case of withdrawal for the purpose of sale to any purchaser other than the state or a local unit of government it , the department shall establish a minimum value on the lands to be withdrawn. In making its investigation the department shall give full weight and consideration to the purposes and principles set forth in sub. (1), and it shall also weigh and consider the benefits to the people of the state as a whole, as well as to the county, from the proposed use against the benefits accruing to the people of the state as a whole and to the county under the continued entry of such the lands to be withdrawn. The department may conduct a public hearing on the application, if it considers it advisable, at a time and place that it determines, except that if the county requests a public hearing in writing, the department shall hold a public hearing.

AB934,19,3 3. If the department finds that the benefits after withdrawal of the lands described in the application under subd. 2. outweigh the benefits under continued entry of the lands and that the lands will be put to a better and higher use, it shall make an order withdrawing such the lands from entry,; otherwise it shall deny the application.

AB934,19,8 4. If the application is denied, the county board may, by resolution adopted by not less than two-thirds of its membership, appeal to a review committee. The department shall submit the findings of its investigation and of any hearing on a proposed withdrawal to the committee, which shall be composed of one the following members:

AB934,19,10 a. One member appointed by the county board submitting the application for withdrawal; one.

AB934,19,14 b. One member who is appointed by the governor, who is from another county which that has land enrolled under the county forest law, this member to be appointed by the governor and to and who shall be chairperson of the review committee; one.

AB934,19,15 c. One member appointed by the department; one.