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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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