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    Wisconsin Lawyer
    August 01, 1998

    Wisconsin Lawyer August 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 - 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).

    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 (section 13.93 (2) (j) Revision Bill).

    Special distinguishing registration plates

    Publication date*: June 18, 1998

    Relating to: Special distinguishing registration plates, payments to authorized special groups, granting rule-making authority and making an appropriation.

    Family day care centers

    Publication date*: June 22, 1998

    Relating to: A parent's right to know certain information about a family day care center and the posting and making available to parents of reports and notices of violations by family day care centers.

    Appointing a person as a village trustee or common council member

    Publication date*: June 22, 1998

    Relating to: The appointment of a person to act as a village trustee or common council member.

    Removing disabled vehicles, debris and obstructions from freeways
    and expressways and stopping after a motor vehicle accident

    Publication date*: June 22, 1998

    Relating to: Removal of disabled vehicles, accident debris and other obstructions from freeways and expressways and stopping after a motor vehicle accident.

    Temporary Class B licenses

    Publication date*: June 19, 1998 (revised)

    Relating to: Temporary "Class B" licenses.

    Mattress, upholstered spring, comforter, pad, cushion,
    or pillow for sleeping or reclining

    Publication date*: June 22, 1998

    Relating to: The manufacture, distribution and sale in this state of any mattress, upholstered spring, comforter, pad, cushion, or pillow designed and manufactured for the purpose of sleeping or reclining and providing a penalty.

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

    Regulating music, art and dance therapists

    Publication date*: June 22, 1998

    Relating to: The regulation of music, art, and dance therapists, granting rule-making authority and providing a penalty.

    Effective dates: This act takes effect on the first day of the 6th month beginning after publication, except as follows:

    (1) The treatment of sections 440.03 (14) (c) and 440.08 (2) (a) 67q. of the statutes takes effect on Oct. 2, 1999.

    Retail theft

    Publication date*: June 22, 1998

    Relating to: Retail theft.

    Real estate brokers

    Publication date*: June 22, 1998

    Relating to: The role and definition of a real estate broker.

    The farm mediation and arbitration and the farmer assistance
    programs, exit from and entry into dairy industry

    Publication date*: June 23, 1998

    Relating to: The farm mediation and arbitration program, the farmer assistance program, exit from and entry into the dairy industry and granting rule-making authority.

    Security interests in growing crops

    Publication date*: June 23, 1998

    Relating to: Security interests in growing crops.

    Violent crimes against elder persons

    Publication date*: June 24, 1998

    Relating to: Committing certain violent crimes against an elder person and providing a penalty.

    Operating snowmobiles near persons not on snowmobiles

    Publication date*: June 24, 1998

    Relating to: Operation of snowmobiles in proximity to persons not on snowmobiles.

    Authorizing certain county community programs, boards,
    and directors to govern and operate an entity to operate
    a mental health-related facility

    Publication date*: June 24, 1998

    Relating to: Authorizing certain county community programs, boards, and certain county community programs directors, together with private or public organizations or affiliations, to organize, establish, and participate in the governance and operation of an entity to operate a mental health-related service.

    Exempting wood harvesting slashers from vehicle registration

    Publication date*: June 24, 1998

    Relating to: Exempting wood harvesting slashers from vehicle registration and granting rule-making authority.

    Notices of proposals by American Indian tribal governments to redesignate areas for air quality purposes

    Publication date*: June 24, 1998

    Relating to: Notices concerning proposals by American Indian tribal governing bodies to redesignate areas for air quality purposes.

    Criminal invasion of privacy

    Publication date*: June 24, 1998

    Relating to: Criminal invasion of privacy and providing a penalty.

    Access by a child's substitute care provider to information
    about the child that is necessary to care for the child

    Publication date*: June 24, 1998

    Relating to: Access by a child's substitute care provider to medical information concerning the child that is necessary for the care of the child, the child's religious affiliation or belief and information relating to any involvement of the child in any sexual abuse, in any criminal gang or in any other group in which any child was traumatized as a result of his or her association with that group or in any activities that are harmful to the child.

    Granting credit against child or family support

    Publication date*: June 24, 1998

    Relating to: Granting credit against child or family support.

    Minimum percentage of recycled fiber in newsprint and
    the newspaper recycling fee

    Publication date*: June 25, 1998

    Relating to: The specified minimum percentage of postconsumer fiber contained in newsprint and the newspaper recycling fee.

    Supervision and placement of persons who commit certain sex offenses

    Publication date*: June 25, 1998

    Relating to: Lifetime supervision for persons who commit certain sex offenses, restrictions on the placement of persons released on parole for certain serious sex offenses and of sexually violent persons who are granted supervised release, granting rule-making authority and providing a penalty.

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

    (1p) The repeal and recreation of section 939.615 (3) (b) of the statutes takes effect on Dec. 31, 1999.

    Committing a serious sex crime while infected with HIV

    Publication date*: June 25, 1998

    Relating to: Committing a serious sex crime while infected with human immunodeficiency virus, acquired immunodeficiency syndrome or a sexually transmitted disease and providing a penalty.

    Penalties for certain traffic offenses committed where persons
    working on a utility facility are at risk from traffic

    Publication date*: June 25, 1998

    Relating to: Penalties for certain traffic offenses committed where persons working on a utility facility are at risk from traffic, granting rule-making authority and providing a penalty.

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

    Tampering with farm equipment hour meters

    Publication date*: June 25, 1998

    Relating to: Tampering with hour meters of farm equipment and providing a penalty.

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

    (1) The treatment of section 100.48 (3) and (4) (b) of the statutes, the amendment of section 100.48 (4) (a) of the statutes and Section 3 (2) of this act take effect on the first day of the 7th month beginning after publication.

    Sale or return or consignment sales under the UCC

    Publication date*: June 25, 1998

    Relating to: "Sale or return" or consignment sales under the uniform commercial code.

    Statutory rape prosecution pilot program, nursing home forfeitures

    Publication date*: June 25, 1998

    Relating to: A statutory rape prosecution pilot program, nursing home forfeitures and making an appropriation.

    Effective dates; health and family services: This act takes effect on July 1, 1998, or the day after publication, whichever is later, except as follows:

    (1) Statutory rape prosecution pilot program.

    The repeal of section 20.435 (3) (c) of the statutes takes effect on July 1, 2000.

    Prohibiting day care licensure, certification, and employment of persons adjudicated delinquent after age 12

    Publication date*: June 25, 1998

    Relating to: Prohibiting a person who has been adjudicated delinquent on or after his or her 12th birthday for committing a serious crime from day care licensure, certification, employment, contracting, or residence.

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

    Transportation project plats

    Publication date*: June 25, 1998

    Relating to: Transportation project plats.

    Sentences for felony offenses, parole, extended supervision, and creating a criminal penalties study commission

    Publication date*: June 29, 1998

    Relating to: Sentences for felony offenses, parole, extended supervision, creating a criminal penalties study committee, granting rule-making authority, making an appropriation, and providing penalties.

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

    (1) Increase in felony penalties. The treatment of sections 11.61 (1) (a) and (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.99 (1) (c), (1m) (c), (11m) (a) and (11p) (a), 30.80 (2g) (b), (c) and (d) and (3m), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., (b) 2. and (c), 49.141 (7) (a) and (b), (9) (a) and (b) and (10) (b), 49.49 (1) (b) 1., (2) (a) and (b), (3), (3m) (b) and (4) (b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b) and (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2), 100.17(7)(b), 100.26 (2), (5) and (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11) and (18), 102.85 (3), 108.225 (11) and (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b) and (c), 132.20 (2), 133.03 (1) and (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44 (1), (1m), (2) and (8) (c), 139.95 (2) and (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1. and 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.12 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.) and (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), (b), (c) and (d), 346.65 (5), 346.74 (5) (b), (c) and (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1) and (2), 562.13 (3) and (4), 565.50 (2) and (3), 601.64 (4), 641.19 (4) (a) and (b), 765.30 (1) (intro.) and (2) (intro.), 768.07, 783.07, 939.50 (3) (b), (bc), (c), (d) and (e), 946.85 (1), 961.41 (1) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1m) (a), (b), (cm) 1., 2., 3., 4. and 5., (d) 1., 2., 3., 4., 5. and 6., (e) 1., 2., 3., 4., 5. and 6., (f) 1., 2. and 3., (g) 1., 2. and 3., (h) 1., 2. and 3., (i) and (j), (1n) (c), (2) (a), (b), (c) and (d), (3g) (a) 1. and 2. and (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes and section 455 (1) of this act take effect on Dec. 31, 1999.

    (2) Miscellaneous provisions. The repeal and recreation of sections 302.11 (1) and 304.06 (1) (b) of the statutes takes effect on Sept. 1, 1998.

    Pharmacological treatment for certain child sex offenders

    Publication date*: June 29, 1998

    Relating to: Pharmacological treatment for persons convicted of certain child sex offenses and certain persons found to be sexually violent persons, affecting parole and making an appropriation.

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

    Forfeitures of property used to commit certain crimes

    Publication date*: June 29, 1998

    Relating to: Forfeiture of property used to commit certain crimes and court fees in property forfeiture proceedings.

    Redrawing school district boundaries

    Publication date*: June 29, 1998

    Relating to: Procedures to create a school district out of the territory of one or more existing school districts and information provided to persons filing a petition for a referendum on the detachment of large territory from one school district and its attachment to another school district.

    Publication of noxious weeds notice

    Publication date*: June 29, 1998

    Relating to: The publication of a noxious weeds notice by a city, village, or town.

    Changing rental unit energy efficiency requirements

    Publication date*: June 29, 1998

    Relating to: Changing rental unit energy efficiency requirements and creating a procedure for issuing citations for failure to comply with existing stipulations relating to rental unit energy efficiency requirements.

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

    (1) The treatment of sections 101.122 (7) (e) and 778.25 (1) (a) 7., (b) and (c), (2) (intro.) and (b) and (3) of the statutes takes effect on the first day of the 6th month beginning after publication.

    Remedial legislation by the department of corrections

    Publication date*: June 29, 1998

    Relating to: Fiscal responsibilities of the department of corrections and the disposal of property belonging to prisoners and inmates under the supervision of the department of corrections; standards for delivery of health services in state correctional institutions; and discharge of persons from probation (suggested as remedial legislation by the department of corrections).

    Remedial legislation by the director of state courts

    Publication date*: June 29, 1998

    Relating to: The location of refusal hearings, the citation procedure used for certain violations, judgments regarding minors and interference with custody of a nonmarital child (suggested as remedial legislation by the director of state courts).

    Remedial legislation by the department of revenue

    Publication date*: June 29, 1998

    Relating to: The forms used to claim motor vehicle fuel tax refunds; replacing obsolete references to "special fuel" and "motor fuel"; authorizing the department of revenue to give seized cigarettes to law enforcement officers for use in criminal investigations; seized alcohol beverages; unpaid installments of the estate tax; garnishment of earnings by debtors; the place of trial for criminal violations of certain income and franchise tax provisions; the statute of limitations for income taxes and franchise taxes; income tax information returns; and defining "one month" for the sales tax on certain rentals (suggested as remedial legislation by the department of revenue).

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

    (1) Income tax information returns. The treatment of sections 71.65 (2) (b) and (5), 71.70 (1) and (2), 71.72 and 71.73 (2) of the statutes takes effect on Jan. 1, 1999.

    Protecting fetus from mother's drug or alcohol abuse

    • 1997 Wisconsin Act 292
    • 1997 Assembly Bill 463

    Publication date*: June 30, 1998

    Relating to: Unborn children who are at substantial risk of serious physical injury due to the habitual lack of self-control of their expectant mothers in the use of alcohol beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree and priority for pregnant women for private treatment for alcohol or other drug abuse.

    Child abuse and neglect prevention program

    Publication date*: June 30, 1998

    Relating to: Creating a child abuse and neglect prevention program, medical assistance for certain case management services, child abuse and neglect prevention and early childhood family education center grants awarded by the child abuse and neglect prevention board, training programs and training requirements for staff of county departments or licensed child welfare agencies under contract with county departments whose responsibilities include investigation or treatment of child abuse and neglect and making appropriations.

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

    (1) The repeal and recreation of section 25.67 (2) (a) 1. and (b) of the statutes takes effect on Jan. 1, 1999.

    Terminating parental rights over children adjudicated in need of
    protection or services and placed outside the home three or more times

    Publication date*: June 30, 1998

    Relating to: Termination of parental rights over a child who on three or more occasions has been adjudicated to be in need of protection or services and placed outside his or her home by an order of the juvenile court due to conditions caused by the parent.

    Causing harm or death to a fetus

    Publication date*: June 30, 1998

    Relating to: Causing harm or death to an unborn child and providing penalties.

    Holding juveniles in municipal lockup facilities

    Publication date*: June 30, 1998

    Relating to: Holding juveniles in municipal lockup facilities and granting rule-making authority.

    Revising the UCC investment securities chapter

    Publication date*: June 30, 1998

    Relating to: Revising the investment securities chapter of the uniform commercial code.

    Professional standards council for teachers

    Publication date*: June 30, 1998

    Relating to: Creating a professional standards council for teachers.

    Income and franchise taxes

    Publication date*: June 30, 1998

    Relating to: Income tax and franchise tax credits for sales taxes paid on fuel and electricity used in manufacturing, the apportionment of income for the corporate income tax and franchise tax, and requiring and permitting the promulgation of rules.

    Regulating professional geologists, hydrologists and soil scientists

    Publication date*: June 30, 1998

    Relating to: The regulation of professional geologists, hydrologists, and soil scientists, creating an examining board of professional geologists, hydrologists and soil scientists, providing an exemption from emergency rule procedures, granting rule-making authority and providing a penalty.

    DNR permit guarantee program

    Publication date*: June 30, 1998

    Relating to: The permit guarantee program of the department of natural resources and requiring the exercise of rule-making authority.

    Excluding agricultural transactions from
    Wisconsin consumer act provisions

    Publication date*: June 30, 1998

    Relating to: Excluding agricultural transactions from provisions of the Wisconsin consumer act.


    * 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].

    Wisconsin Lawyer


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