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    Wisconsin Lawyer
    July 01, 1998

    Wisconsin Lawyer July 1998: Recently Passed Legislation 3

     


    Vol. 71, No. 7, July 1998

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    At Issue


    Recently Passed Legislation

    Rights of crime victims

    Publication date*: May 11, 1998

    Relating to: Rights of victims of crime, granting rule-making authority and providing a penalty.

    Effective date: This act takes effect on the first day of the 7th month beginning after publication.

    Testing for HIV and sexually transmitted diseases in criminal defendants

    Publication date*: May 11, 1998

    Relating to: Testing for the presence of the human immunodeficiency virus and sexually transmitted diseases in criminal defendants and juveniles alleged to be delinquent or in need of protection or services who are found not competent to proceed or not guilty by reason of mental disease or defect.

    Services as restitution by juveniles

    Publication date*: May 11, 1998

    Relating to: The performance of services for the victim by a juvenile as restitution for the juvenile's act.

    Joint local water authorities

    Publication date*: May 11, 1998

    Relating to: Permitting the creation of joint local water authorities and granting rule-making authority.

    Emergency rules by the joint committee for review of administrative rules

    Publication date*: May 11, 1998

    Relating to: Promulgation of emergency rules and the extension of emergency rules by the joint committee for review of administrative rules.

    Principals' reporting of certain lobbying activities to the ethics board

    Publication date*: May 11, 1998

    Relating to: Reporting by principals with respect to certain lobbying activities, voluntary registration by certain persons with the ethics board, compilation and use of certain information provided to the ethics board, making an appropriation and providing penalties.

    Effective dates: This act takes effect on Jan. 1, 1999, except as follows: The repeal and recreation of section 13. 69 (2m) of the statutes takes effect on Jan. 1, 2001.

    Increasing the time to serve a summons and complaint and a responsive pleading

    Publication date*:May 11, 1998

    Relating to: Increasing the time to serve a summons and complaint and a responsive pleading.

    Changes to the probate code

    Publication date*:May 11, 1998

    Relating to: Changes to the probate code.

    Fish species harvest limits

    Publication date*:May 11, 1998

    Relating to: Establishment of species harvest limits and allotment of individual licensee catch quotas among holders of commercial fishing licenses and granting rule-making authority.

    Traffic regulation ordinances

    Publication date*:May 11, 1998

    Relating to: Enacting traffic regulation ordinances that conform with rules of the department of transportation.

    Child support obligations

    Publication date*:April 30, 1998

    Relating to: Suspension of licenses, permits and other credentials for failure to pay child support or to comply with a subpoena or warrant related to paternity or child support proceedings and requiring social security numbers on license, permit and other credential applications and on certain documents concerning marriage and children; creating a record matching program to match information about delinquent child support obligors with financial account information of financial institutions; creating a statutory lien for delinquent child support obligations; creating a mechanism for enforcing child support liens; fees for the child and spousal support, establishment of paternity and medical liability support program and cooperation with child support efforts under Wisconsin works; income withholding for support or maintenance, adjudicating paternity when the mother fails to appear and other technical changes related to child support enforcement; access to certain agency records, nonliability for providing information from records, issuing subpoenas, ordering genetic tests; providing notice to new employers of a parent's obligation to provide health care coverage for a child; providing medical and medical history information in custody matters; hospital-based voluntary establishment of paternity; administratively changing interstate income-withholding orders to sum certain amounts; presumption of paternity; acknowledgment of paternity; procedure, temporary orders, and probable cause in paternity actions; payment for genetic tests in paternity actions; changes in departmental responsibility for support enforcement; intercepting delinquent support and certain other payments from pension plan disbursements; intercepting delinquent support from court judgments and settlements; granting rule-making authority; making appropriations; and providing a penalty.

    Effective dates; general: Except as otherwise provided in sections 9401 to 9456 of this act, this act takes effect on the day after publication.

    Humane officers, the custody and disposition of animals

    Publication date*:May 11, 1998

    Relating to: Humane officers, the custody and disposition of animals, granting rule-making authority, making an appropriation and providing a penalty.

    Effective dates: This act takes effect on the first day of the 19th month beginning after publication, except as follows: Section 33 (1) of this act takes effect on the day after publication.

    Environmental laws regulating mining and water pollution

    Publication date*:May 11, 1998

    Relating to: Enforcement of certain environmental laws regulating mining and water pollution.

    Kickapoo Valley reserve, and management board

    Publication date*:May 11, 1998

    Relating to: The Kickapoo Valley reserve, the Kickapoo reserve management board and providing a penalty.

    Trapping approvals

    Publication date*:May 11, 1998

    Relating to: The waiver of requirements for trapping approvals for certain special events or programs sponsored or approved by the department of natural resources.

    Revocation or suspension to engage in a fish or game activity

  • 1997 Wisconsin Act 196
  • 1997 Senate Bill 235
  • Publication date*:May 11, 1998

    Relating to: Revocation or suspension of the privilege to engage in a fish or game activity and providing a penalty.

    Hunter education programs

    Publication date*:May 11, 1998

    Relating to: Hunter education programs and hunting approvals issued to bow hunters.

    Effective date: This act takes effect on July 1, 1998.

    The intoxicated boating law

    Publication date*:May 11, 1998

    Relating to: The intoxicated boating law; capacity plates on boats; certificate of number and registration requirements for boats; prohibitions against falsifying boat titles and other documentation; prohibitions against operating boats using unsafe methods and in certain locations; boating safety course and certificates; granting rule-making authority; and providing penalties.

    Effective dates: This act takes effect on the day after publication, except as follows:

    (1) CERTIFICATE OF NUMBERS FOR NONMOTORIZED BOATS AND FOR BOATS OWNED BY DEALERS OR MANUFACTURERS. The treatment of sections 30.505, 30.52 (3) (im), (3m) (a) and (5) (a) 3. and 30.523 (2) (c) and (3) of the statutes takes effect on the April 1 after publication.

    (2) BOATING SAFETY PROGRAM AND CERTIFICATES. The treatment of sections 30.74 (intro.), (1) (a), (b), (bn) and (c), (2) (a) and (3), 30.80 (2m) and 938.343 (5) of the statutes takes effect on the first day of the 12th month beginning after publication.

    (3) OTHER. The treatment of sections 30.52 (1) (b) 1r., 30.66 (3) (b), 30.80 (6) (c) and 885.235 (1m) and (4) of the statutes, the amendment of section 30.80 (6) (a) of the statutes, the creation of section 30.80 (6) (a) 4. and 5. of the statutes and section 52 (2) of this act take effect on the first day of the 3rd month beginning after publication.

    Selling a motor vehicle seized for OWI-related crimes

    Publication date*:May 11, 1998

    Relating to: The sale of a motor vehicle subject to a seizure for a crime related to driving while under the influence of an intoxicant or other drug and providing a penalty.

    Changes to the Minnesota-Wisconsin student reciprocity agreement

    Publication date*:May 11, 1998

    Relating to: Various changes to the Minnesota-Wisconsin student reciprocity agreement.

    Initial Applicability: Minnesota-Wisconsin student reciprocity agreement. The treatment of section 39.47 (2) and (2g) of the statutes first applies to students enrolled in and reciprocal fees for the 1998-99 academic year.

    Misrepresentations of business locations

    Publication date*:May 11, 1998

    Relating to: Misrepresentations of the locations of businesses and providing a penalty.

    Initial applicability: This act first applies to names or other information that is published on the effective date of this subsection.

    Group health insurance for state employees in the Wisconsin retirement system

    Publication date*:May 11, 1998

    Relating to: The eligibility for group health insurance for state employees participating under the Wisconsin retirement system.

    Increasing the number of circuit court branches

    Publication date*:May 11, 1998

    Relating to: Increasing the number of circuit court branches.

    Public utilities

    Publication date*:May 11, 1998

    Relating to: Strategic energy assessments, certification requirements applicable to certain projects proposed by public utilities, certificates of public convenience and necessity for certain electric generating facilities and high-voltage transmission lines, independent system operator or transmission owner of electric transmission system, certain out-of-state retail electric sales, ownership and operation of wholesale merchant plants, service standards for electric generation, transmission or distribution facilities, regional transmission planning and granting rule-making authority.

    Effective dates: This act takes effect on the day after publication, except as follows: Strategic Advance Plan. The treatment of sections 196.491 (title), (1) (a) and (d) and (2) (title), (a) (intro.), 1., 2., 3., 3g., 3m., 3r., 4., 5., 6., 7., 8. and 9. to 13., (ag), (am), (b) (intro.), 8., 9. and 10., (c), (d), (e), (f), (g), (gm) and (i) to (m) and 196.795 (7) (a) 1. b. of the statutes takes effect on Jan. 1, 1999.

    Original adult court jurisdiction over a juvenile

    Publication date*:May 12, 1998

    Relating to: Original adult court jurisdiction over a juvenile who is alleged to have attempted or committed a violation of any state criminal law if that violation may be joined with an alleged assault, battery, homicide or attempted homicide over which the adult court has original jurisdiction, the imposition of a juvenile adjudication and disposition by an adult court on a juvenile who has been found to have committed a lesser offense or a joined offense, requiring the parent of a juvenile to make restitution for any damage or injury resulting from the juvenile's act or to pay a forfeiture for the juvenile's act, sanctions for a juvenile who violates a condition of his or her dispositional order, contempt of court by a juvenile who violates a condition of his or her dispositional order, the authority to take into custody and hold in short-term detention a juvenile who has violated a condition of his or her dispositional order, aftercare supervision or participation in an intensive supervision program, the rules of evidence at postdispositional hearings under the juvenile justice code, access to juvenile court records, law enforcement agency records, social services agency records and pupil records by a fire investigator, disclosure by the victim-witness coordinator to the victim of a juvenile's act or alleged act of the name and address of the juvenile and the juvenile's parents, the confidential exchange of information between a law enforcement agency, a social welfare agency and the school attended by a child or juvenile, the disclosure of information relating to a child or a juvenile by a law enforcement agency, a social welfare agency or a juvenile court to the private school attended by the child or the juvenile, requesting the legislative audit bureau to audit the use of secure detention facilities, referral of a juvenile to a teen court program and the disclosure of juvenile court records for the purposes of preparing a presentence investigation, determining custody of a juvenile, setting bail, impeaching a witness and determining whether a juvenile who would otherwise be an heir has intentionally killed the decedent.

    Anatomical gifts, power of attorney for health care

    Publication date*:May 12, 1998

    Relating to: Allowing a power of attorney for health-care instrument to be used to make or refuse to make an anatomical gift and allowing a health-care agent to make an anatomical gift.

    Notification when a delinquent juvenile escapes or is released from a nonsecured setting

    Publication date*:May 12, 1998

    Relating to: Notification of victims, witnesses, and the public when a juvenile who has committed a delinquent act or who is not competent to proceed escapes, is absent from, or is released from a nonsecured child caring institution or inpatient facility.

    The filing officer for municipal judge candidates

    Publication date*:May 12, 1998

    Relating to: The filing officer for candidates for the office of municipal judge in municipal courts serving two or more municipalities.

    Designating the Root River watershed as a priority for the nonpoint source water pollution abatement program

    Publication date*:May 12, 1998

    Relating to: Designating the Root River watershed as a priority watershed for the nonpoint source water pollution abatement program.

    Uncertified copies of vital records for events before Oct. 1, 1907

    Publication date*:May 12, 1998

    Relating to: Issuance of uncertified copies of vital records for events occurring before Oct. 1, 1907, and providing penalties.

    A county treasurer's appointment of a deputy treasurer

    Publication date*:May 12, 1998

    Relating to: A county treasurer's appointment of a deputy treasurer.

    Stationery used by state agencies for outside correspondence

    Publication date*:May 12, 1998

    Relating to: Stationery used by state agencies for outside correspondence.

    *Section 991.11, WISCONSIN STATUTES 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].


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