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    Wisconsin Lawyer
    June 01, 1998

    Wisconsin Lawyer June 1998: At Issue

    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 through 83 appeared in the May 1998 Wisconsin Lawyer at page 26. Due to the volume of legislation passed during the regular and special sessions, legislative summaries appear in the May through August 1998 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 you can access the acts by using the links below. *

    Editor's Note: To view Wisconsin statutes and acts referenced in this article you must have and/or install Adobe Acrobat Reader 3.0 on your computer.

    Traffic offenses

    Publication date*: April 27, 1998

    Relating to: Operating a motor vehicle with a suspended or revoked operating privilege, habitual traffic offenders, penalties involving sanctions against an operating privilege or operator's license, the revocation of operating privileges and vehicle registrations for failure to deposit security and providing a penalty.

    Effective dates: This act takes effect on the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under section 85.515 of the statutes, as created by this act, or on the first day of the 25th month beginning after publication, whichever is earlier, except as follows:

    (2) The treatment of sections 13.0965, 351.02 (1) (a) 4. and 10. and 351.11 of the statutes and section 167 (1) of this act take effect on the first day of the 4th month beginning after publication.

    (3m) The treatment of section 85.515 (by section 1g) of the statutes takes effect on the day after publication.

    Leasing technical college facilities to others

    Publication date*: April 27, 1998

    Relating to: Leasing technical college facilities to others.

    Budget bill adjustments

    Publication date*: April 27, 1998

    Relating to: Evaluating proposed major highway projects; adjustments to appropriations of the departments of public instruction, justice and transportation to reflect anticipated federal aid changes; joint committee on finance approval of any plan for the expenditure by the department of health and family services of income augmentation funds for any purpose other than augmenting federal revenues; a study on paving state bicycle trails; adjustment of agricultural chemical cleanup surcharges; and requiring the exercise of rule-making authority.

    Methods to determine the number of children in a school district

    Publication date*: April 27, 1998

    Relating to: The method of determining the number of children residing in a school district for purposes of taking an annual school count.

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

    Motor vehicle pursuit by law enforcement officers

    Publication date*: April 27, 1998

    Relating to: Motor vehicle pursuit by law enforcement officers, training of law enforcement officers, requiring the exercise of rule-making authority and providing a penalty.

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

    (1) The treatment of section 85.07 (3) (e) and (8) of the statutes takes effect on the first day of the 4th month beginning after publication.

    (2) The repeal of section 15.257 (3) of the statutes and the amendment of section 165.85 (4) (cm) 2. (intro.) and b. of the statutes take effect on June 30, 2001.

    Wrongful death claims

    Publication date*: April 27, 1998

    Relating to: Wrongful death claims.

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

    Contracts between gas utilities and individual customers

    Publication date*: April 27, 1998

    Relating to: Contracts between gas utilities and individual customers.

    Allowing the department of transportation to contract with public utilities

    Publication date*: April 27, 1998

    Relating to: Allowing the department of transportation to contract with public utilities and rural electric cooperative associations for cooperative acquisition, development, or maintenance of jointly used rights-of-way.

    Parking spaces reserved for vehicles used by persons with disabilities

    Publication date*: April 27, 1998

    Relating to: Prohibiting the parking of vehicles in access aisles adjacent to parking spaces reserved for vehicles used by persons with disabilities and reports of violations of parking spaces reserved for vehicles used by persons with disabilities.

    Acquisition of hospitals

    Publication date*: April 27, 1998

    Relating to: Acquisition of a hospital owned by a nonprofit corporation, a city, a county, the state or the University of Wisconsin Hospitals and Clinics Authority.

    Access to public records

    Publication date*: April 27, 1998

    Relating to: Access to public records.

    Initial applicability: This act first applies to records access requests made on the effective date of this subsection.

    Notifying a juvenile's school board if a juvenile's delinquency proceeding is terminated

    Publication date*: April 27, 1998

    Relating to: Notification of a juvenile's school if a juvenile delinquency proceeding is terminated without a finding that the juvenile has committed a delinquent act.

    Initial applicability: This act first applies to a proceeding on a petition under section 938.12 or 938.13 (12) of the statutes that is closed, dismissed or otherwise terminated on the effective date of this subsection.

    Regulating dental hygienists

    Publication date*: April 27, 1998

    Relating to: The regulation of dental hygienists, increasing the membership of the dentistry examining board and granting rule-making authority.

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

    The treatment of section 15.405 (6) (a) and (b) (by section 2) of the statutes takes effect on Dec. 31, 2002.

    Regulating dentists

    Publication date*: April 27, 1998

    Relating to: Exemption from discipline for dentists who send impressions, measurements, or patients to dental laboratories for shade verification.

    Initial applicability: This act first applies to patients, agents of patients, impressions or measurements that are sent to dental laboratories on the effective date of this subsection.

    Underage persons on premises operating under an alcohol beverage license

    Publication date*: April 27, 1998

    Relating to: The prohibition against underage persons entering or being on any premises operating under an alcohol beverage license.

    Dividing land within an assessor's plat

    Publication date*: April 27, 1998

    Relating to: Dividing land within an assessor's plat by subdivision plat or certified survey map.

    Underage persons and certain billiards centers

    Publication date*: April 27, 1998

    Relating to: Underage persons and certain billiards centers where alcohol beverages are sold and consumed.

    Misappropriating personal identifying information

    Publication date*: April 27, 1998

    Relating to: Misappropriation of personal identifying information and personal identification documents and providing a penalty.

    Studded tires on school buses

    Publication date*: April 28, 1998

    Relating to: The use of studded tires on school buses.

    Application process for the development zone program

    Publication date*: April 28, 1998

    Relating to: The application process for the development zone program.

    Regulating adoptions

    Publication date*: April 28, 1998

    Relating to: The placement of a child with a relative for adoption and application of the interstate compact on the placement of children; the time by which a juvenile court must hold a hearing on a petition for adoptive placement of a child with a nonrelative and a petition to terminate parental rights that is filed with a petition for adoptive placement; removal of a child from a foster home, treatment foster home or group home for the purpose of placing the child by an agency for adoption; education about adoption and school age parents programs; who may be adopted; the filing of a petition for adoption by a relative of a child by adoption; including relatives by adoption in the definition of "relative" in the children's code; the documentation required in a permanency plan for preadoptive placement of a child in foster care or treatment foster care under a voluntary agreement; payments by an adoptive or proposed adoptive parent for the expenses of a birth parent or child; the release of identifying information by an agency that placed a child for adoption or that was appointed guardian of a child who was adopted; advertising related to adoption; the time by which a petition for a rehearing on the ground of new evidence must be filed in a juvenile court proceeding; and providing a penalty.

    Kinship care

    Publication date*: April 28, 1998

    Relating to: Kinship care, creating a long-term kinship care program and making appropriations.

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

    (1) The treatment of section 50.065 (1) (c) 2. of the statutes takes effect on Oct. 1, 1998, or on the day after publication, whichever is later.

    (2) The repeal and recreation of section 49.96 of the statutes takes effect on Feb. 1, 1999.

    (3) The amendment of section 20.445 (3) (r) of the statutes and the repeal and recreation of section 767.29 (2) of the statutes take effect on the date stated in the notice published by the department of workforce development in the Wisconsin Administrative Register under section 767.29 (1) (f) of the statutes, as created by 1997 Wisconsin Act 27, or on Oct. 1, 1999, whichever is earlier.

    Reductions in general transportation aids

    Publication date*: April 28, 1998

    Relating to: The method of determining reductions in general transportation aids for late filing of applications for such aid.

    Initial applicability: This act first applies to filings in 1998 for aid payable in 1999.

    Information to persons accused of OWI

    Publication date*: April 28, 1998

    Relating to: Information provided to a person accused of operating a motor vehicle while under the influence of an intoxicant, controlled substance, or other drug.

    Effective date: This act takes effect on the first day of the 4th month beginning after publication.

    Obtaining title by adverse possession

    Publication date*: April 28, 1998

    Relating to: The prohibition of obtaining title by adverse possession to real estate owned by a public body.

    Participating in the academic excellence higher education scholarship program

    Publication date*: April 29, 1998

    Relating to: Participation by institutions of higher education in the academic excellence higher education scholarship program and clarifying the required grade point average for academic excellence higher education scholarships (suggested as remedial legislation by the higher educational aids board).

    Participating in the Wisconsin retirement system

    Publication date*: April 29, 1998

    Relating to: Participating employment status under the Wisconsin retirement system and the filing of certain documents by guardians of participants in the Wisconsin retirement system (suggested as remedial legislation by the department of employee trust funds).

    Land and water conservation board, renumbering provisions

    Publication date*: April 29, 1998

    Relating to: Advisory members of the land and water conservation board and the renumbering of certain provisions of chapter 134 of the statutes (suggested as remedial legislation by the department of agriculture, trade and consumer protection).

    Department of workforce development remedial legislation

    Publication date*: April 29, 1998

    Relating to: Updating obsolete terminology in the fair employment, vocational rehabilitation, worker's compensation, minimum wage, and fair housing laws and deleting an obsolete reference in the fair employment law (suggested as remedial legislation by the department of workforce development).

    Department of public instruction remedial legislation

    Publication date*: April 29, 1998

    Relating to: Eliminating obsolete language and provisions from the statutes governing public schools and the department of public instruction (suggested as remedial legislation by the department of public instruction).

    Effective date: This act takes effect on July 1, 1998, or on the day after publication, whichever is later.

    Department of health and family services remedial legislation

    Publication date*: April 29, 1998

    Relating to: Mental health crisis intervention services; requirements for a Level I local health officer; coordination by a local board of health of activities of a sanitarian; fetal death reports; access by a coroner, deputy coroner, medical examiner or medical examiner's assistant to patient health care records; confidentiality restrictions on cancer reports; service contracts under community integration programs; eliminating outdated requirements for bed assessments for nursing homes and intermediate care facilities for the mentally retarded; designation by a nursing home of a person to accept service of notice or mail; required information for licenses for nursing homes and community-based residential facilities; eliminating a date for posting notice about the long-term care ombudsman program; eliminating dates for determinations that nursing homes are institutions for mental diseases; resident rights and responsibilities for residents of nursing homes and community-based residential facilities; eliminating dates for requesting and providing information about nursing homes; evaluations of integrating services projects; eliminating a requirement for a plan and report on school-community alcohol and drug abuse prevention and other services; eliminating a requirement that a person investigating a report of suspected or threatened emotional abuse of a child determine that the person responsible for the emotional damage is neglecting, refusing or unable for reasons other than poverty to remedy the harm; and prohibiting an adoptive parent from moving for relief from an order granting adoption or petitioning for a rehearing of such an order (suggested as remedial legislation by the department of health and family services).

    Veterans benefits

    Publication date*: April 30, 1998

    Relating to: Veterans benefits for veterans who are delinquent in child or spousal support, maintenance, medical expenses or birth expenses.

    Veterans burials

    Publication date*: April 30, 1998

    Relating to: The information gathered regarding veterans burials.

    Strobe lights on school buses

    Publication date*: April 30, 1998

    Relating to: Requiring strobe lights on school buses.

    Effective date: This act take effect on the first day of the 6th month beginning after publication.

    State employee leave for disaster relief service

    Publication date*: April 30, 1998

    Relating to: Leaves of absence for certain state employees to participate in providing certain disaster relief services and granting rule-making authority.

    Effective date: This act takes effect on the first day of the 4th month beginning after publication.

    Police access to photographs of operator licenses and identification card applicants

    Publication date*: April 30, 1998

    Relating to: Law enforcement agency access to photographs of applicants for operators' licenses and identification cards and providing a penalty.

    Initial applicability: This act first applies to photographs taken on Jan. 1, 1998.

    Licensing of motor vehicle dealers, salespersons, sales finance companies, and salvage dealers

    Publication date*: April 30, 1998

    Relating to: The licensing of motor vehicle dealers and salespersons, sales finance companies and motor vehicle salvage dealers and providing a penalty.

    Effective date: This act takes effect on the first day of the 4th month beginning after publication.

    Veterans education, treatment facilities, and health care

    Publication date*: April 30, 1998

    Relating to: Veterans part-time classroom study, veterans tuition and fee reimbursement, veterans retraining grants, authority to construct and operate residential, treatment and nursing care facilities in southeastern Wisconsin, veterans health care aid grants and veterans housing loans.

    Prohibiting installing certain devices in wells

    Publication date*: May 1, 1998

    Relating to: Prohibiting the installation of certain devices in wells.

    Public comments at meetings of governmental bodies

    Publication date*: May 1, 1998

    Relating to: Public comments at meetings of governmental bodies.

    Information signs on USH 14

    Publication date*: May 1, 1998

    Relating to: Authorizing specific information signs on a certain portion of USH 14.

    Qualified domestic relations orders

    Publication date*: April 30, 1998

    Relating to: Qualified domestic relations orders under the Wisconsin retirement system.

    Load weight limits on trucks

    Publication date*: May 1, 1998

    Relating to: Load weight limits on trucks registered with the department of transportation as special interest, reconstructed, replica, street modified or homemade vehicles.

    Selection of election officials

    Publication date*: May 1, 1998

    Relating to: The method of selection of election officials.

    Social security numbers in student I.D. numbers

    Publication date*: May 1, 1998

    Relating to: The use of a person's social security number in his or her student identification number.

    Effective date: This act takes effect on Jan. 1, 2000.

    Statute of limitations for special education appeals

    Publication date*: May 1, 1998

    Relating to: Statute of limitations for special education appeals.

    Initial applicability: This act first applies to the refusal or proposal of a school board under section 115.81 (1) (a) of the statutes, as affected by this act, that occurs on the effective date of this subsection.

    Sex offender registration requirements

    Publication date*: May 1, 1998

    Relating to: Exempting certain persons from the sex offender registration requirements and the prohibition on child sex offenders working with children.

    Whistle blower protection for reporting to state officials abuse or neglect in certain facilities

    Publication date*: May 1, 1998

    Relating to: Protection against retaliation for reporting to any state official abuse or neglect in certain facilities, providing a cause of action and providing a penalty.

    Brewer representatives at tasting events on Class B premises

    Publication date*: May 1, 1998

    Relating to: The presence of representatives of a brewer at certain tasting events held on Class "B" premises.

    Litigation by incarcerated persons

    Publication date*: May 1, 1998

    Relating to: Litigation by persons incarcerated, imprisoned, confined or detained in a jail or prison, the time period for the state to respond to an action and limiting access to public records.

    Effective date: This act takes effect on the first day of the 4th month beginning after publication.

    Property tax exemption exclusion for health and fitness centers

    Publication date*: May 1, 1998

    Relating to: Limiting the property tax exemption for hospitals to exclude health and fitness centers.

    Effective date: This act takes effect on the Jan. 1 after publication.

    Railroad crossings

    Publication date*: May 1, 1998

    Relating to: Stopping at railroad crossings, reckless driving at railroad crossings, creating a railroad crossing improvement assessment, making an appropriation and providing penalties.

    Rate for the tax on cider

    Publication date*: May 1, 1998

    Relating to: The rate for the tax on cider.

    Effective date: This act takes effect on the first day of the 2nd month beginning after publication.

    *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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