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Vol. 71, No.
6, June 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 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).
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