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    Wisconsin Lawyer
    August 01, 1998

    Wisconsin Lawyer August 1998: At Issue

     


    Vol. 71, No. 8, August 1998

    At Issue


    Recently Passed Legislation

    Recently passed legislation is a feature of the At Issue column in response to your requests for more information on new laws. Summaries of 1997 Acts 61 - 83 appeared in the May 1998 Wisconsin Lawyer at page 26; summaries of 1997 Acts 84 - 136 appeared in the June 1998 issue at page 52. Due to the volume of legislation passed during the regular and special sessions, legislative summaries appear in multiple issues.

    To subscribe to the slip laws (acts), send your order with payment to: Department of Administration, Document Sales, P.O. Box 7840, Madison, WI 53707-7840. The subscription period is from January 1997 through December 1998. The mailed subscription price is $70 plus applicable sales tax. Save mailing costs by picking up your subscription for $20 plus tax. Pick up orders at Legislative Documents, 1 E. Main St., Madison, Wis. Mastercard or Visa orders may be placed by calling (800) 362-7253.

    To receive a free, single copy of the entire act, please contact Legislative Documents, 1 E. Main St., Madison, WI 53702, (608) 266-2400. Or use the links below to access the acts and their corresponding bills directly.Please note that you must have the Adobe Acrobat Reader installed on your computer to read linked materials.

    * - Publication date statutory note


    Water and sewage systems
    on certain farmland, and financing methods

    Publication date*:May 12, 1998

    Relating to: The authority of towns and town sanitary districts to levy special assessments for water and sewage systems on certain farmland, and the methods used by cities, villages, towns, and metropolitan sewerage districts to finance sewerage projects and granting rule-making authority.

    Regulating cigarette and tobacco products

    Publication date*:May 12, 1998

    Relating to: Cigarette and tobacco products retailer license fees, restrictions on the sale of cigarettes or tobacco products from a vending machine and granting rule-making authority.

    Certified capital company programs

    Publication date*:May 12, 1998

    Relating to: Creating a certified capital company program for companies that make certain types of investments, providing tax credits to persons who make certain investments in certified capital companies, granting rule-making authority and making an appropriation.

    Effective date: This act takes effect on July 1, 1999.

    Personnel Commission authority

    Publication date*:May 12, 1998

    Relating to: The authority of the personnel commission to receive and process complaints relating to family or medical leave, and appeals to the personnel commission of delegatory actions taken by an appointing authority (suggested as remedial legislation by the personnel commission).

    Rabies vaccinations of dogs

    Publication date*:May 12, 1998

    Relating to: Rabies vaccination of dogs.

    Public service commission enforcement of interconnection agreements, user protection of telecommunication services

    Publication date*:May 12, 1998

    Relating to: Enforcement of interconnection agreements by the public service commission, protections for users of certain telecommunication services, granting rule-making authority and providing a penalty.

    Effective date: This act takes effect on Jan. 1, 1999.

    Prohibiting certain partial-birth abortions

    Publication date*:May 13, 1998

    Relating to: Prohibiting performance of certain partial-birth abortions, imposing civil liability for the performance of certain partial-birth abortions and providing a penalty.

    Sexual assault and "date rape" controlled substances

    Publication date*:May 13, 1998

    Relating to: Sexual assault, the controlled substance flunitrazepam, making ketamine, gamma-hydroxybutyric acid, and gamma-hydroxybutyrolactone controlled substances and providing penalties.

    Dental services provided by
    the Marquette University School of Dentistry

    Publication date*:May 13, 1998

    Relating to: The provision of dental services by the Marquette University School of Dentistry.

    Effective date: This act takes effect retroactively to July 1, 1997.

    Tuition grants awarded by the higher education aids board

    Publication date*:May 13, 1998

    Relating to: Increasing the maximum amount of tuition grants awarded by the higher educational aids board.

    Initial applicability: This act first applies to tuition grants awarded for the 1998-99 academic year.

    Police relief associations

    Publication date*:May 13, 1998

    Relating to: Various changes in the provisions regarding police relief associations.

    Property sold due to delinquent property taxes

    Publication date*:May 13, 1998

    Relating to: Deductions from the sales price of property that is sold because of delinquent property taxes.

    Initial applicability: This act first applies to sales of property the taxes on which become delinquent on the effective date of this subsection.

    Educational requirements for residential and licensed appraisers

    Publication date*:May 13, 1998

    Relating to: Experience and continuing education requirements for certified general and residential appraisers and licensed appraisers and granting rule-making authority.

    Downer Woods on the U.W. - Milwaukee campus

    Publication date*:May 13, 1998

    Relating to: Downer Woods on the campus of the University of Wisconsin - Milwaukee.

    Mutual insurance holding companies

    • 1997 Wisconsin Act 227
    • 1997 Assembly Bill 773

    Publication date*:May 13, 1998

    Relating to: Formation of mutual insurance holding companies, requiring the exercise of rule-making authority and making an appropriation.

    School aid distribution schedule

    Publication date*:May 13, 1998

    Relating to: The school aid distribution schedule.

    Regulating water or sewer service to mobile home parks

    Publication date*:May 13, 1998

    Relating to: Regulating water or sewer service provided to occupants of mobile home parks, providing an exemption form emergency rule procedures, granting rule-making authority, making an appropriation and providing a penalty.

    Effective dates: This act takes effect on the first day of the 12th month beginning after publication, except as follows: SECTION 22 (1) of this act takes effect on the day after publication.

    Electronic filing of certain campaign finance reports

    Publication date*:May 13, 1998

    Relating to: Electronic filing of certain campaign finance reports with the elections board, requiring the exercise of rule-making authority, use of information copied from campaign finance reports and statements, providing a penalty and making an appropriation.

    Confidentiality of health-care information

    Publication date*:May 13, 1998

    Relating to: Collection, analysis and dissemination of health-care information by the department of health and family services, confidentiality of patient health-care records, health-care provider confidentiality, storage and disposal of documents containing medical and financial information, membership of the board on health-care information, authorizing disclosure of personal medical information to an insurer, disclosure by an insurer of personal medical information, granting rule-making authority, providing a penalty and making appropriations.

    Effective dates: This act takes effect on the day after publication, except as follows: The treatment of sections 51.30 (4) (a), 146.82 (2) (b) and 610.70 of the statutes takes effect on the first day of the 13th month beginning after publication.

    Release of a person convicted of a misdemeanor pending appeal

    Publication date*:May 13, 1998

    Relating to: Release of a person convicted of a misdemeanor pending appeal.

    Initial applicability: This act first applies to offenses committed on the effective date of this subsection.

    Powers of attorney

    Publication date*:May 13, 1998

    Relating to: Powers of attorney.

    Food stamps for qualified aliens

    Publication date*: June 8, 1998

    Relating to: Food stamps for qualified aliens and making an appropriation.

    Budget bill adjustments

    Publication date*: June 16, 1998

    Relating to: Creating a compensation plan for certain senior executive positions at the U.W. System; transferring from the department of workforce development to the department of commerce the administration of the housing design and construction requirements of the fair housing law; wage claim enforcement; providing an exception to the law prohibiting discrimination in public places of accommodation to permit a domestic abuse services organization to provide separate services for persons of different sexes and to provide for separate treatment of persons based on sex with regard to the provision of those services; exempting multilevel multifamily housing without elevators from the multifamily housing accessibility law; employer notification of employees, retirees, and dependents of cessation of health-care benefits; a Wisconsin promise challenge grant program; a grant for a distance education center; a grant for a business conference center; grants for revolving loan funds for economic development; loans for renovation of buildings, purchase of land, buildings, machinery or equipment or construction of buildings; a grant for historic theater renovation; tourism marketing; the rural economic development program; grants for supplier training and a technology transfer program; administration of brownfields redevelopment activities; use of penalty revenues under the physician and health-care provider loan assistance programs; transferring from the department of health and family services to the department of corrections the responsibility for establishing and collecting fees for juvenile correctional services provided by the department of corrections; compensation to counties for providing crime victim and witness services; parental liability for guardian ad litem fees in juvenile court proceedings; payments to counties for guardian ad litem fees; increasing the per diem payments made to temporary reserve judges; time limits for prosecution of crimes against children; allowing victims to attend and make statements at parole interviews or hearings; requirements for promotion from 4th grade to 5th grade and from 8th grade to 9th grade; responsibility for providing a free appropriate public education to children with disabilities; grants to teachers who are certified by the National Board for Professional Teaching Standards; creating a grant program for peer review and mentoring of teachers; counting of suspensions, conviction and revocations related to driving while intoxicated and ignition interlock devices; determining the amount appropriated as general school aid; the family practice residency program of the Medical College of Wisconsin, Inc.; grants to certain school districts for telecommunications access awarded by the technology for educational achievement in Wisconsin board; the issuance of alternative teaching permits and teaching licenses; the Wisconsin Humanities Council; funding for the Wisconsin sesquicentennial commission; court reporter fees; changing the name of the two-year campuses in the U.W. System; administrative expenses of the environmental education board; revising dispute settlement procedures in local government employment other than law enforcement and fire fighting employment; training services provided by the department of employment relations; the nonpoint source water pollution abatement program; classifying state probation and parole officers as protective occupation participants for the purposes of the Wisconsin retirement system; the dry cleaner environmental response program; immunity from liability for handling petroleum-contaminated soil on a highway improvement project; deadlines for the land recycling loan program; hazardous waste disposal facilities; voluntary party liability for cleaning up property that is contaminated with hazardous substances and that was acquired from a local governmental unit; petroleum discharge cleanups; tire waste cleanup; a study of landfill cleanups; arbitration of appeals under the petroleum storage remedial action program; soil and water resource management; funding for a nonpoint source water pollution abatement project; clean water fund program federal financial hardship assistance; the authority of the department of agriculture, trade and consumer protection to prohibit the use of atrazine in a specified area in the town of North Lancaster, Grant County; administrative forfeitures for violations of safe drinking water rules; a grant to the Milwaukee Public Museum; providing community aids funding for Milwaukee County; the contribution required of Milwaukee County for child welfare services provided in Milwaukee County; child welfare, children in out-of-home care, termination of parental rights and adoption; criminal history and abuse record searches of operators, employees and nonclient residents of certain entities that provide care for children or adults; a child's first book initiative; prohibitions on funding for pregnancy programs, projects or services that conduct abortion-related activities; proposed legislation to establish a new long-term care system for services to elderly and adult disabled individuals; authorizing increase of the statewide nursing home bed limit for the partial conversion of a hospital; minimum daily hours of service in nursing homes for certain nursing home residents; requirements for nursing home reports; requesting an audit; assessing hospitals and ambulatory surgery centers for costs, after July 1, 1999, of collection of health-care data; a pilot project for management of long-term care programs; violations of statutes and rules by nursing homes; authorizing counties to contract for health and social services on a prepaid or postpaid, per capita basis; care required and provided in adult family homes, community-based residential facilities and nursing homes; critical access hospitals; prohibiting reimbursement of the Marquette University School of Dentistry for providing dental services in the Southside Guadalupe Dental Clinic and requiring reimbursement for providing dental services in any other clinic in the city of Milwaukee; inclusion of stepparents in the badger care program; the submittal date for a report on the future of the state centers for the developmentally disabled; eliminating the monthly reimbursement limit on community options program services for medical assistance recipients; transferring medical assistance funds to the community options program because of decreased nursing home bed use; neonatal intensive care unit training grants; medical assistance eligibility for working recipients of supplemental security income; supplemental payments to supplemental security income recipients; medical assistance outreach; eliminating the requirement for an annual report on access to obstetric and pediatric services under the medical assistance program; interim assistance for applicants of supplemental security income; provision of information necessary for the administration of child support and economic support programs; specialized medical vehicles; electronic benefits transfer under the food stamp program; issuing new and redesigned registration plates for certain vehicles registered by the department of transportation; highway lighting for certain USH 10 interchanges; county administration of public assistance records; exempting certain health insurance policies from coverage requirements related to temporomandibular disorders treatment and certain charges for dental care; placing a limit on coverage of temporomandibular disorders treatment; allowing a prior authorization requirement for treatment of temporomandibular disorders; disclosure and use of information about newly hired employees for delinquent tax collection purposes; guaranteed renewability of individual health benefit plans; an exemption from renewability requirements for short-term insurance; requirements for managed care plans; coverage of prescription drugs and devices; limited coverage of experimental treatment; modification to eligibility for coverage under the health insurance risk-sharing plan without preexisting condition exclusion; the transportation and sale of fish; private fishing preserves; fish farms; hunting of small game in state parks, fees collected for certain fishing approvals issued by the Lac du Flambeau band of the Lake Superior Chippewa; the Southeastern Wisconsin Fox River commission; fees for snowmobile trail use stickers; the wildlife damage abatement and wildlife damage claim program; the transportation facilities economic assistance program; snowmobile trail maintenance aids; county forest administrator grants; eligibility for the managed forest land program; identification of the ordinary high-water mark of certain lakes; benefits payable and contributions permitted under the Wisconsin retirement system; payment and performance assurance requirements for public works projects; state interfund borrowing limitations; transfers from the general fund to the property tax relief fund; a plan to adjust appropriations to the department of transportation to eliminate any projected deficit in the transportation fund; grants for recycling of computers and wheelchairs; studying the future of the Wisconsin School for the Visually Handicapped; creating an individual income tax deduction for amounts paid for certain higher education costs; the penalty provision for premature sales or transfers of business assets or assets used in farming that were received from family members; taxation of nonresident gambling winnings at Native American casinos in Wisconsin; offsetting an individual's manufacturer's sales tax credit against the individual's alternative minimum tax liability; lowering the individual income tax rates; division of town sanitary district assets and indiliabilities; disciplinary procedures for law enforcement officers in first class cities; changing the income tax standard deduction for dependents; Menominee County management review issues; the income tax and franchise tax credit for sales taxes paid on fuel and electricity used in manufacturing; the mining tax; using certain surpluses in the general fund to fund a change in the school property tax credit; defining the Internal Revenue Code for state income and franchise tax purposes; a property tax exemption for computers; creating a sales tax and use tax exemption for admissions to county fairs; state aid payments to municipalities; changes to the financing of certain tax incremental districts; a motor vehicle fuel tax exemption; a sales tax and use tax exemption for certain commodities; board of review procedures; discontinuing the property tax exemption for nuclear shelters; information on tax warrants; liability for sales taxes; property tax procedures; the motor vehicle rental fee; the sales tax exemption for auctions; the sales tax on calling cards; creating a tax amnesty program; increasing the department of revenue's ability to collect delinquent taxes; the food that is subject to the sales tax; denying, suspending and revoking licenses and similar documents to persons who owe delinquent taxes or fail to reveal their social security numbers or federal employer identification numbers; discontinuation of the adult entertainment tax; issuing regular operator's licenses to drivers licensed to operate certain noncommercial vehicles in another country; weight limitations for vehicles and combinations of vehicles transporting bulk potatoes; traffic regulations at railroad crossings; specific information signs along STH 172; installing traffic control signals in the city of Greenfield; the transportation infrastructure loan program; law enforcement agency access to photographs of applicants for operators' licenses and identification cards; directional signs along I 39 for the Korean War Memorial; an alternative traffic violation and registration pilot program; administration of a national guard youth program; helicopter support services; the maximum allowable veterans home loan; transferring employees at the legislative reference bureau into the unclassified service of the state; the touring exhibit of the Wisconsin state capitol; subsistence grants to veterans; retention of special counsel to prosecute certain actions with respect to the boundaries of the Indian reservations located in this state and the rights of non-Indians owning property within those reservations; repealing the repeal of the pharmacy internship board; renaming the integrated legislative information system staff; release to certain persons of the address of a Wisconsin works participant; participation of cooperative educational service agencies in educational telecommunications access program; occupational taxes imposed on bingo receipts; grants to private schools under the educational telecommunications access program; contributions to the universal service fund by certain telecommunications utilities; changing conflict of interest provisions and lottery participation restrictions that affect certain employees of the department of revenue; breast cancer screening; allocation of space in the state capitol for the capitol press corps; administration of vaccines by pharmacists; granting rule-making authority; providing an exemption from emergency rule procedures; providing an exemption from rule-making procedures; granting and decreasing bonding authority; making and decreasing appropriations; and providing penalties.

    Effective dates: Various effective dates for many different sections. Please refer to Act 237.

    Charter schools and the Wisconsin retirement system

    Publication date*: June 17, 1998

    Relating to: Charter schools and the Wisconsin retirement system.

    Compulsory school attendance

    Publication date*: June 17, 1998

    Relating to: Compulsory school attendance, truancy, habitual truancy, the penalties for contributing to truancy, truancy planning committees and school district truancy plans.

    School district and cooperative educational
    service agency reporting requirements

    Publication date*: June 17, 1998

    Relating to: Eliminating some of the school district and cooperative educational service agency reporting requirements and granting rule-making authority.

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

    Counties and municipalities that may participate in proposed landfill or hazardous waste facility negotiation

    Publication date*: June 17, 1998

    Relating to: The counties and municipalities that may participate in negotiation and arbitration concerning a proposed landfill or hazardous waste facility and the number of members on a local negotiating committee.

    Sport shooting range immunity and responsibilities

    Publication date*: June 17, 1998

    Relating to: Sport shooting range immunity and responsibilities.

    Recovered materials and used engine oil filter recycling

    Publication date*: June 17, 1998

    Relating to: Recovered materials and the recycling of used engine oil filters.

    Annual school and school district performance reports

    Publication date*: June 17, 1998

    Relating to: Information included in the annual school and school district performance reports.

    Requirements for driver education courses

    Publication date*: June 17, 1998

    Relating to: Requirements for driver education courses.

    Elections to city, village or town planning commissions

    Publication date*: June 17, 1998

    Relating to: The election of certain persons to a city, village or town planning commission.

    Composition of land information board

    Publication date*: June 17, 1998

    Relating to: The composition of the land information board.

    Recodification of fish and game laws

    Publication date*: June 17, 1998

    Relating to: Recodification of fish and game laws.

    Effective date: This act takes effect on Jan. 1, 1999.

    Changes to hunting and fishing regulations

    Publication date*: June 17, 1998

    Relating to: Various changes to hunting and fishing regulations and granting rule-making authority.

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

    (1) The repeal and recreation of section 29.09 (1m) of the statutes takes effect on Jan. 1, 1999.

    Two-digit date prefix on forms

    Publication date*: June 18, 1998

    Relating to: The two-digit date prefix specified on forms (Revisor's Correction Bill).

    Reinstating a time limitation and notice provision to 1997 AB 261

    Publication date*: June 18, 1998

    Relating to: Reinstating a time limitation and notice provision created by 1997 Wisconsin Act .... (1997 Assembly Bill 261) that was unintentionally repealed by 1997 Wisconsin Act .... (1997 Senate Bill 384) (Revisor's Correction Bill).

    Revising statutes to correct errors

    Publication date*: June 18, 1998

    Relating to: Repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions, deleting, reconciling conflicts and repelling unintended repeals (Revisor's Correction Bill).

    Revising statutes to correct errors

    Publication date*: June 18, 1998

    Relating to: Repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, and eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions (Revision Bill).

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