At Issue

Laws in the Making: 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 ; and summaries of 1997 Acts 84 - 136 appeared in the June 1998 issue. 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 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.

* - Publication date statutory note

Changing how human organs are procured

• 1997 Wisconsin Act 305
• April 1998 Special Session: Assembly Bill 2

Publication date*: July 13, 1998

Relating to: Changing requirements for hospitals, organ procurement organizations, coroners, and medical examiners with respect to the potential donation of anatomical gifts and procurement and use of body parts by an organ procurement organization.

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

Authorizing and regulating the use of electronic signatures

• 1997 Wisconsin Act 306
• 1997 Assembly Bill 811

Publication date*: July 14, 1998

Relating to: Authorizing the use of electronic signatures and creating a committee to study the use and regulation of electronic signatures in this state, requests for proposals for electric generating capacity and requiring the exercise of rule-making authority.

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

(1) The treatment of sections 16.855 (23), 20.575 (1) (g), 137.01 (4) (a) and 990.01 (38) and subchapter II of chapter 137 of the statutes, the renumbering of chapter 137 of the statutes and the creation of chapter 137 (title) of the statutes take effect on the first day of the twelfth month beginning after publication.

Measures affecting the state civil service

• 1997 Wisconsin Act 307
• 1997 Assembly Bill 790

Publication date*: July 4, 1998

Relating to: Various measures affecting the state civil service.

Effective date: The treatment of sections 230.15 (1) and (2m), 230.21 (1), 230.22 (3), 230.25 (5), 230.26 (2), 230.27 (2), 230.275 and 230.44 (1) (dm) of the statutes takes effect on the first day of the second month beginning after publication.

Regulating adoption assistance

• 1997 Wisconsin Act 308
• 1997 Assembly Bill 601

Publication date*: July 14, 1998

Relating to: Adoption assistance, granting rule-making authority and making an appropriation.

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

(1m) The treatment of sections 46.10 (14) (cm) 1. and 2. and 48.975 (2) and (3m) of the statutes, the renumbering and amendment of section 48.975 (3) (a), (4) and (5) of the statutes, the creation of section 48.975 (3) (a)3. and 4., (4) (b), (bm), (c) and (d) and (5) (a), (b), (c), (d), (dm) and (e) of the statutes and section 9322 (1) of this act take effect on Jan. 1, 1999.

Establishing commercial real estate broker's commission liens

• 1997 Wisconsin Act 309
• 1997 Senate Bill 369

Publication date*: July 14, 1998 (corrected)

Relating to: Establishing a commercial real estate broker's commission lien.

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

Establishing a periodic study of public schools and a low-interest loan to build adult day care facilities

• 1997 Wisconsin Act 310
• 1997 Senate Bill 473

Publication date*: July 14, 1998

Relating to: A periodic study of the public schools, a low-interest loan for construction of an adult day care services facility, and making an appropriation.

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

(1) The repeal and recreation of section 20.143 (1) (c) of the statutes takes effect on July 1, 1999.

Disciplining physicians and verifying their compliance with continuing education requirements

• 1997 Wisconsin Act 311
• 1997 Assembly Bill 549

Publication date*: July 14, 1998

Relating to: Verifying compliance of physicians with continuing education requirements, allegations of misconduct involving persons with medical credentials, issuance of administrative warnings by the medical examining board, disciplinary actions by the medical examining board, requiring clerks of circuit court to notify the medical examining board about findings of negligence by physicians, granting rule-making authority and providing a penalty.

Exempting elder housing from age or family status discrimination prohibitions

• 1997 Wisconsin Act 312
• 1997 Assembly Bill 46

Publication date*: July 14, 1998

Relating to: The exemption for housing for older persons from the law prohibiting discrimination in housing based on age or family status.

Allowing grants to friends groups for developing certain DNR-owned properties

• 1997 Wisconsin Act 313
• 1997 Assembly Bill 858

Publication date*: July 14, 1998

Relating to: Grants to friends groups for property development on certain properties owned by the department of natural resources.

Applying late filing fees to sales and use tax returns

• 1997 Wisconsin Act 314
• 1997 Assembly Bill 566

Publication date*: July 14, 1998

Relating to: Sales tax and use tax late filing fees.

Establishing deadlines for delivering property tax rolls

• 1997 Wisconsin Act 315
• 1997 Assembly Bill 422

Publication date*: July 14, 1998

Relating to: Deadlines for delivering property tax rolls.

Regulating investment advisors

• 1997 Wisconsin Act 316
• 1997 Assembly Bill 831

Publication date*: July 8, 1998

Relating to: The regulation of investment advisors and investment advisor representatives, the registration of securities, transfers of trust business within bank holding company systems, and granting rule-making authority.

Regulating how a tenant's property is stored and disposed after eviction

• 1997 Wisconsin Act 317
• 1997 Assembly Bill 872

Publication date*: July 14, 1998

Relating to: The storage and disposition of a tenant's property upon eviction and persons required to be licensed as public warehouse keepers.

Providing credit establishment and credit repair assistance to Wisconsin works participants

• 1997 Wisconsin Act 318
• 1997 Senate Bill 425

Publication date*: July 14, 1998

Relating to: The delegation of authority by first class city school districts over funds held in trust for certain pension plans and credit assistance for Wisconsin works participants.

Childrens' testimony at trial

• 1997 Wisconsin Act 319
• 1997 Assembly Bill 621

Publication date*: July 15, 1998

Relating to: The testimony at trial of child witnesses in certain cases.

Definition of sponsor for facilities financed by WHEDA

• 1997 Wisconsin Act 320
• 1997 Assembly Bill 874

Publication date*: July 15, 1998

Relating to: Expanding the definition of sponsor for developing residential facilities that are eligible for financing by the Wisconsin Housing and Economic Development Authority.

Costs of seized or confiscated fish and game

• 1997 Wisconsin Act 321
• 1997 Assembly Bill 873

Publication date*:July 15, 1998

Relating to: Distribution and processing costs of seized or confiscated fish and game.

Fishing licenses for disabled veterans

• 1997 Wisconsin Act 322
• 1997 Senate Bill 352

Publication date*:July 15, 1998

Relating to: Fishing licenses for disabled veterans

Initial applicability: This act first applies to fishing licenses applied for on the effective date of this subsection.

Prohibiting browsing of taxpayer information

• 1997 Wisconsin Act 323
• 1997 Assembly Bill 881

Publication date*:July 15, 1998

Relating to: Prohibiting browsing of taxpayer information and providing a penalty.

Regulating grain dealers and warehouse keepers

• 1997 Wisconsin Act 324
• 1997 Senate Bill 275

Publication date*:July 15, 1998

Relating to: Regulation of grain dealers and grain warehouse keepers.

Speed restriction violations in school zones

• 1997 Wisconsin Act 325
• 1997 Senate Bill 88

Publication date*: July 15, 1998

Relating to: Increasing forfeitures for motor vehicle speed restriction violations committed in school zones and providing penalties.

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

Persistent child sex offenders

• 1997 Wisconsin Act 326
• 1997 Assembly Bill 505

Publication date*:July 15, 1998

Relating to: Persistent child sex offenders and providing penalties.

Distributing a controlled substance near certain places

• 1997 Wisconsin Act 327
• 1997 Assembly Bill 589

Publication date*: July 15, 1998

Relating to: Delivery or distribution of a controlled substance, or possession with intent to deliver or distribute a controlled substance, on or near certain places and providing a penalty.

Violating nonsecure custody orders by juveniles

• 1997 Wisconsin Act 328
• 1997 Assembly Bill 658

Publication date*:July 15, 1998

Relating to: Violations of nonsecure custody orders by juveniles and providing a penalty.

Searching a pupil's locker

• 1997 Wisconsin Act 329
• 1997 Assembly Bill 715

Publication date*:July 15, 1998

Relating to: Authorizing the search of a pupil's locker.

Prohibiting toilet waste disposal into water from boats

• 1997 Wisconsin Act 330
• 1997 Senate Bill 34

Publication date*:July 15, 1998

Relating to: Disposal facilities on outlying waters for toilet wastes from boats and granting rule-making authority.

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

Writer liable for worthless checks

• 1997 Wisconsin Act 331
• 1997 Assembly Bill 265

Publication date*: July 15, 1998

Relating to: Liability for worthless checks.

Approving and recording final plats

• 1997 Wisconsin Act 332
• 1997 Assembly Bill 659

Publication date*: July 15, 1998

Relating to: Approval and recording of final plats.

Designating a child's standby guardian

• 1997 Wisconsin Act 334
• 1997 Assembly Bill 713

Publication date*:July 15, 1998

Relating to: The designation by a parent or the appointment by a court of a standby guardian of a child whose duty and authority as standby guardian begins on the incapacity, death, or debilitation and consent, of the parent.

Teachers may remove disruptive pupils from class

• 1997 Wisconsin Act 335
• 1997 Senate Bill 274

Publication date*: July 15, 1998

Relating to: Removal of disruptive pupils from the class.

Penalties for providing alcohol to minors

• 1997 Wisconsin Act 337
• 1997 Assembly Bill 482

Publication date*:July 15, 1998

Relating to: Providing alcohol beverages to an underage person.

Recording requirements for condominium instruments

• 1997 Wisconsin Act 338
• 1997 Assembly Bill 537

Publication date*:July 15, 1998

Relating to: Recording requirements for condominium instruments.

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

Restricting sales and delivery of nitrous oxide

• 1997 Wisconsin Act 336
• 1997 Assembly Bill 215

Publication date*:July 15, 1998

Relating to: Nitrous oxide and providing penalties.

Initial applicability: The treatment of section 134.63 (3) (a) and (4) (b) of the statutes first applies to deliveries of nitrous oxide cartridges occurring on the first day of the seventh month beginning after the effective date of this subsection.

* 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