Feed for /2001/related/acts/38 PDF
38,26 Section 26. 38.42 of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 2000.
38,27 Section 27. 40.02 (25) (b) 1m. of the statutes is amended to read:
40.02 (25) (b) 1m. Any teacher who is a participating employee and who is employed by the university for an expected duration of not less than 6 months on at least a one-third full-time employment basis;.
Note: Replaces punctuation for internal consistency in accordance with current style.
38,28 Section 28. The treatments of 40.51 (8) of the statutes by 1999 Wisconsin Acts 95 and 115 are not repealed by 1999 Wisconsin Act 155. All treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 40.58 (8) reads:
(8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.895 (5m) and (8) to (14) and 632.896.
38,29 Section 29. The treatments of 40.58 (8m) of the statutes by 1999 Wisconsin Acts 95 and 115 are not repealed by 1999 Wisconsin Act 155. All treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 40.58 (8m) reads:
(8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855 and 632.895 (11) to (14).
38,30 Section 30. 45.396 (7) (a) (intro.) of the statutes is amended to read:
45.396 (7) (a) (intro.) No veteran may receive a grant under this section if the department determines, after disregarding any payment described under s. 45.85, 1997 stats., that the income of the veteran and his or her spouse exceeds $500 for each dependent in excess of 2 dependents plus whichever of the following applies:
Note: Section 45.85 was repealed by 1999 Wis. Act 63.
38,31 Section 31. 45.397 (2) (a) of the statutes, as affected by 1999 Wisconsin Acts 63 and 108, is amended to read:
45.397 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational approval board under s. 45.54 39.51, other than a proprietary school offering a 4-year degree four-year degrees or 4-year programs program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.
The stricken "39.51" was inserted by 1999 Wis. Act 63, and "45.54" was inserted by 1999 Wis. Act 108. Section 39.51 was renumbered to s. 45.54 by 1999 Wis. Act 9. The stricken "four-year degrees" was inserted by 1999 Wis. Act 108, but rendered surplusage by the interaction of the treatment of this provision by Acts 63 and 108.
38,32 Section 32. The treatment of 48.363 (1) (b) of the statutes by 1999 Wisconsin Act 103, section 18, is not repealed by 1999 Wisconsin Act 149, section 21. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 48.363 (1) (b) reads:
(b) If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), the child's court-appointed special advocate, the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem; or shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered, at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.
38,33 Section 33. 48.48 (3) of the statutes is amended to read:
48.48 (3) To accept guardianship of children when appointed by the court, and to provide special treatment and or care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.
Note: Conforms terminology to the remainder of ch. 48. "Special treatment or care" is a defined term.
38,34 Section 34. 48.48 (17) (a) 2. of the statutes is amended to read:
48.48 (17) (a) 2. Accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355, and to provide special treatment and or care for children and expectant mothers if ordered by the court and if providing special treatment and or care is not the responsibility of the county department under s. 46.215, 51.42, or 51.437. A court may not order the department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this subdivision.
Note: Conforms terminology to the remainder of ch. 48. "Special treatment or care" is a defined term.
38,35 Section 35. 48.57 (1) (b) of the statutes is amended to read:
48.57 (1) (b) To accept legal custody of children transferred to it by the court under s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under s. 48.355, and to provide special treatment and or care for children and expectant mothers if ordered by the court. A court may not order a county department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this paragraph.
Note: Conforms terminology to the remainder of ch. 48. "Special treatment or care" is a defined term.
38,36 Section 36. The treatment of 48.57 (3m) (a) 2. of the statutes by 1999 Wisconsin Act 133, section 2, is not repealed by 1999 Wisconsin Act 162, section 3. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 48.57 (3m) (a) 2. reads:
2. "Kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.
38,37 Section 37. The treatment of 48.57 (3n) (a) 2. of the statutes by 1999 Wisconsin Act 133, section 5, is not repealed by 1999 Wisconsin Act 162, section 4. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 48.57 (3n) (a) 2. reads:
2. "Long-term kinship care relative" means a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great-great, whether by blood, marriage or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce.
38,38 Section 38. 48.78 (2) (ag) of the statutes is amended to read:
48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian, or child, unless the agency determines that inspection of those records the record by the child, parent, guardian, or legal custodian would result in imminent danger to anyone.
Note: Corrects sentence agreement.
38,39 Section 39. 48.78 (2) (aj) of the statutes is amended to read:
48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of a parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child by the unborn child's guardian ad litem to the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem, unless the agency determines that inspection of those records the record by the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem would result in imminent danger to anyone.
Note: Corrects sentence agreement.
38,40 Section 40. 48.78 (2) (am) of the statutes is amended to read:
48.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian, or child specifically identifies the record in the written permission, unless the agency determines that inspection of those records the record by the person named in the permission would result in imminent danger to anyone.
Note: Corrects sentence agreement.
38,41 Section 41. 48.78 (2) (ap) of the statutes is amended to read:
48.78 (2) (ap) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, and of the unborn child by the unborn child's guardian ad litem, to the person named in the permission if the parent, guardian, legal custodian, or expectant mother, and unborn child by the unborn child's guardian ad litem, specifically identify the record in the written permission, unless the agency determines that inspection of those records the record by the person named in the permission would result in imminent danger to anyone.
Note: Corrects sentence agreement.
38,42 Section 42. The treatment of 48.981 (2) of the statutes by 1999 Wisconsin Act 56 is not repealed by 1999 Wisconsin Act 149. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 48.981 (2) reads:
(2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). A court-appointed special advocate having reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under s. 48.236 (3) has been abused or neglected or having reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.
38,43 Section 43. 49.45 (6m) (i) 1. of the statutes is amended to read:
49.45 (6m) (i) 1. On or after October 1, 1981, medical assistance payment for inpatient nursing care may only be provided for persons receiving skilled, intermediate, or limited levels of nursing care as these levels are defined under s. HSS HFS 132.13, Wis. adm. code Adm. Code.
Note: Inserts correct citation.
38,44 Section 44. 51.20 (9) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 83, section 111, and 1999 Wisconsin Act 162, section 5, is amended to read:
51.20 (9) (a) 1. If the court finds after the hearing that there is probable cause to believe the allegations under sub. (1), it shall appoint 2 licensed physicians specializing in psychiatry, or one licensed physician and one licensed psychologist, or 2 licensed physicians one of whom shall have specialized training in psychiatry, if available, or 2 physicians, to personally examine the subject individual. The examiners shall have the specialized knowledge determined by the court to be appropriate to the needs of the subject individual. The examiners may not be related to the subject individual by blood or, marriage, or adoption and may not have any interest in his or her property.
Note: Reconciles the treatment of this provision by 1999 Wis. Acts 83 and 162. Act 83 divided s. 51.20 (9) (a) into subdivisions 1. to 5. and moved the last sentence of s. 51.20 (9) (a) 1. from what is now s. 51.20 (9) (a) 3. Act 162 amended s. 51.20 (9) (a) as it existed prior to 1999 Act 83, amending the last sentence of subd. 1. in its previous location. This bill section applies the Act 162 treatment to that sentence as it exists after Act 83. See also the next section of this bill.
38,45 Section 45. 51.20 (9) (a) 3. of the statutes, as affected by 1999 Wisconsin Act 83, section 111, and 1999 Wisconsin Act 162, section 5, is amended to read:
51.20 (9) (a) 3. If requested by the subject individual, the individual's attorney, or any other interested party with court permission, the individual has a right at his or her own expense or, if indigent and with approval of the court hearing the petition, at the reasonable expense of the individual's county of legal residence, to secure an additional medical or psychological examination and to offer the evaluator's personal testimony as evidence at the hearing. , or adoption
Note: Reconciles the treatment of this provision by 1999 Wis. Acts 83 and 162. See the note to the previous section of this bill.
38,46 Section 46. 51.30 (4) (b) 25. of the statutes, as created by 1999 Wisconsin Act 109, is renumbered 51.30 (4) (b) 26.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 78 also created a provision numbered s. 51.30 (4) (b) 25.
38,47 Section 47. 51.42 (3) (d) of the statutes is repealed.
Note: By its terms, this provision has no application after June 1, 2000.
38,48 Section 48. 66.1103 (2) (k) 22. of the statutes is repealed.
Note: By its terms, this provision has no application after May 1, 2000.
38,49 Section 49. 70.11 (36) (a) (title) of the statutes, as affected by 1999 Wisconsin Act 167, is renumbered 70.11 (36) (title).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 167 renumbered s. 70.11 (36) (title) to 70.11 (36) (a) (title), leaving sub. (36) without a title. The change was unintended.
38,50 Section 50. The treatment of 71.26 (1) (bm) of the statutes, as affected by 1999 Wisconsin Acts 65 and 167, is amended to read:
71.26 (1) (bm) Certain local districts. Income of a local exposition district created under subch. II of ch. 229, a local professional baseball park district created under subch. III of ch. 229 or, a local professional football stadium district created under subch. IV of ch. 229, or a local cultural arts district created under subch. V of ch. 229.
Note: Reconciles the treatment of this provision by Acts 65 and 167.
38,51 Section 51. 71.26 (1m) (g) of the statutes, as affected by 1999 Wisconsin Acts 65 and 167, is amended to read:
71.26 (1m) (g) Those issued under s. 66.066 66.0621 by a local professional baseball park district or, a local professional football stadium district, or a local cultural arts district.
Note: Reconciles the treatment of this provision by Acts 65 and 167.
38,52 Section 52. 71.36 (1m) of the statutes, as affected by 1999 Wisconsin Act 65, 1999 Wisconsin Act 150, section 672, and 1999 Wisconsin Act 167, is amended to read:
71.36 (1m) A tax-option corporation may deduct from its net income all amounts included in the Wisconsin adjusted gross income of its shareholders, the capital gain deduction under s. 71.05 (6) (b) 9. and all amounts not taxable to nonresident shareholders under ss. 71.04 (1) and (4) to (9) and 71.362. For purposes of this subsection, interest on federal obligations, obligations issued under s. 66.0621 by a local professional baseball park district or, a local professional football stadium district, or a local cultural arts district, obligations issued under ss. 66.1201, 66.1333, and 66.1335, obligations issued under s. 234.65 to fund an economic development loan to finance construction, renovation or development of property that would be exempt under s. 70.11 (36) and obligations issued under subch. II of ch. 229 is not included in shareholders' income. The proportionate share of the net loss of a tax-option corporation shall be attributed and made available to shareholders on a Wisconsin basis but subject to the limitation and carry-over rules as prescribed by section 1366 (d) of the internal revenue code Internal Revenue Code. Net operating losses of the corporation to the extent attributed or made available to a shareholder may not be used by the corporation for further tax benefit. For purposes of computing the Wisconsin adjusted gross income of shareholders, tax-option items shall be reported by the shareholders and those tax-option items, including capital gains and losses, shall retain the character they would have if attributed to the corporation, including their character as business income. In computing the tax liability of a shareholder, no credit against gross tax that would be available to the tax-option corporation if it were a nontax-option corporation may be claimed.
Note: Reconciles the treatment of this provision by Acts 65 and 167.
38,53 Section 53. 71.45 (1t) (g) of the statutes, as affected by 1999 Wisconsin Act 65, 150, section 672, and 1999 Wisconsin Act 167, is amended to read:
71.45 (1t) (g) Those issued under s. 66.0621 by a local professional baseball park district or, a local professional football stadium district, or a local cultural arts district.
Note: Reconciles the treatment of this provision by Acts 65 and 167.
38,54 Section 54. The treatment of 74.53 (1) (b) of the statutes by 1999 Wisconsin Act 68 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 74.53 (1) (b) reads:
(b) The cost of razing and removing property and restoring the site to a dust-free and erosion-free condition incurred under s. 66.0413 (1) (br) 2., (f), (g) or (i), (2) (d) or (4) or of filling an excavation incurred under s. 66.0427 if the person owned the property when the property was razed and removed and the site restored or the excavation was filled, or if the person owned the property while the order to raze the property was recorded in the register of deeds office.
38,55 Section 55. 77.64 of the statutes is repealed.
Note: By its terms, this provision has no application after December 31, 2000.
38,56 Section 56. 80.13 (1m) (b) 1. of the statutes is amended to read:
80.13 (1m) (b) 1. The the owner or lessee is the owner of a private way or road, whose width shall be stated in the affidavit, that leads from the described real estate to a public highway but the way or road is too narrow to afford the owner or lessee reasonable access from the described real estate to the public highway,; and
Note: Corrects punctuation error in 1999 Wis. Act 97, section 18. The correct punctuation is shown in the published statutes.
38,57 Section 57. 80.13 (3) (a) of the statutes is amended to read:
80.13 (3) (a) The town board shall meet at the time and place stated in the notice given under sub. (1) and shall in their discretion lay out a highway of not less than 33 feet nor more than 49.5 feet in width from the public highway to the real estate described in the affidavit under sub. (1) (1m) (a) or (b) either by either laying out a new highway across the surrounding land or by adding enough land to the width of the existing way or road described in the affidavit under sub. (1) (1m) (b) to make it not less than 33 feet nor more than 49.5 feet in width.
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