AB936: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB936, s. 1 Section 1. 10.68 (3) (c) of the statutes, as affected by 2001 Wisconsin Act 62, is amended to read:

AB936,1,9 10.68 (3) (c) Friday before primary. Vacancies may be filled in within 4 days. See s. 7.38 (2).

Note: 2001 Wis. Act 62 inserted the stricken "in" without showing it as underscored and deleted the underscored "within" without showing it as stricken. No change was intended.

AB936, s. 2 Section 2. 10.68 (5) (a) of the statutes, as affected by 2001 Wisconsin Act 62, is amended to read:

AB936,2,4 10.68 (5) (a) Friday before election. Vacancies may be filled in within 4 days. See s. 7.38 (2).

Note: 2001 Wis. Act 62 inserted the stricken "in" without showing it as underscored and deleted the underscored "within" without showing it as stricken. No change was intended.

AB936, s. 3 Section 3. 13.94 (1) (o) of the statutes is repealed.

Note: The performance evaluation required under this provision has completed by the legislative audit bureau, and the required report has been released.

AB936, s. 4 Section 4. 13.94 (11) of the statutes is repealed.

Note: The performance evaluation and report required are planned for release in 2002.

AB936, s. 5 Section 5. 14.16 (10) of the statutes, as created by 2001 Wisconsin Act 100, is renumbered 14.16 (10m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 20 also created a provision numbered 14.16 (10).

AB936, s. 6 Section 6. 15.01 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB936,3,2 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers specified in s. 16.965 (3) and (5) and the powers granted to agencies under ch. 227, the Milwaukee River revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), and the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

Note: Deletes obsolete provision. 2001 Wis. Act 38 repealed s. 146.36.

AB936, s. 7 Section 7. The treatment of 15.08 (1m) (b) of the statutes by 2001 Wisconsin Act 80 is not repealed by 2001 Wisconsin Act 89. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 1-1-03, s. 15.08 (1m) (b) reads:

(b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB936, s. 8 Section 8. 16.965 (2) of the statutes, as affected by 2001 Wisconsin Acts 16 and 30, is amended to read:

AB936,4,5 16.965 (2) From the appropriations under ss. s. 20.505 (1) (cm) and (if), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in s. 66.1001 (2).

Note: Corrects cross-reference.

AB936, s. 9 Section 9. The treatment of 20.255 (1) (c) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 57. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 20.255 (1) (c) reads:

(c) Energy costs; Wisconsin Educational Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired. The amounts in the schedule to be used at the facilities of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing and the Wisconsin Center for the Blind and Visually Impaired to pay for utilities and for fuel, heat and air conditioning and to pay costs incurred by or on behalf of the department under ss. 16.858 and 16.895.

AB936, s. 10 Section 10. 20.292 (title) of the statutes is amended to read:

AB936,4,9 20.292 (title) Technical college system , board of.

Note: Conforms title to agency name under s. 15.94.

AB936, s. 11 Section 11. 20.435 (4) (gm) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB936,4,16 20.435 (4) (gm) Health services regulation and vital statistics. The amounts in the schedule for the purposes specified in chs. 69 and 150. All moneys received under ch. 69 and s. 150.13 shall be credited to this appropriation account. From the fees collected under s. 50.135 (2), $310,100 in fiscal year 2001-02 and $297,200 $309,300 in fiscal year 2002-03 shall be credited to this appropriation account.

Note: 2001 Wis. Act 16 added $309,300 without deleting $297,200.

AB936, s. 12 Section 12. 20.680 (2) (ga) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB936,5,2 20.680 (2) (ga) Court commissioner training. All moneys received from fees for court commissioner training programs under s. 757.69 757.68 (8), for those purposes.

Note: Section 73 of this bill renumbered s. 757.69 (8), as created by 2001 Wis. Act 16, to 757.68 (8). This cross-reference was also created in 2001 Wis. Act 16.

AB936, s. 13 Section 13. 20.835 (2) (am) of the statutes is repealed.

Note: Section 20.835 (2) (am) states: "Onetime rebate of nonbusiness consumer sales tax. A sum sufficient to pay the aggregate claims approved under s. 77.64." 2001 Wis. Act 38 repealed s. 77.64, leaving this provision without effect.

AB936, s. 14 Section 14. 21.75 (1) (e) of the statutes, as created by 2001 Wisconsin Act 24, is renumbered 21.75 (1) (cm).

Note: Places definition in alphabetical order within the subsection, consistent with current style.

AB936, s. 15 Section 15. The treatment of 25.29 (4m) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 1-1-03, s. 25.29 (4m) reads:

(4m) No moneys that accrue to the state for or in behalf of the department under ch. 29 or 169 or s. 90.21 may be expended or paid for the enforcement of the treaty-based, off-reservation rights to fish held by members of federally recognized American Indian tribes or bands domiciled in Wisconsin.

AB936, s. 16 Section 16. 29.024 (1) of the statutes, as affected by 2001 Wisconsin Act 56, is amended to read:

AB936,5,17 29.024 (1) Approvals required. Except as specifically provided in this chapter, ch. 169, or s. 95.55 (5), no person may hunt or trap in this state, fish in the waters of this state or engage in any of the activities regulated under this chapter unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping, or fishing or engaged in regulated activities unless otherwise required by this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.

Note: The underscored language was inserted by 2001 Wis. Act 56 without being underscored. The change was intended.

AB936, s. 17 Section 17. 29.337 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 56, is amended to read:

AB936,6,6 29.337 (1) (intro.) The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, coyotes, foxes, raccoons, woodchucks, rabbits, and squirrels on the land without a license issued under this chapter or ch. 169 at any time, except as follows:

Note: The underscored comma was inserted by 2001 Wis. Act 56 without being underscored. The change was intended.

AB936, s. 18 Section 18. 30.277 (1m) (a) of the statutes is renumbered 30.277 (1m).

Note: 2001 Wis. Act 38 repealed s. 30.277 (1m) (b). There are no other paragraphs.

AB936, s. 19 Section 19. 31.02 (4g) 1. and 2. of the statutes are renumbered 31.02 (4g) (a) and (b).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) to conform numbering to current style.

AB936, s. 20 Section 20. The treatment of 44.70 (2g) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 57. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 44.70 (2g) reads:

(2g) "Educational agency" means a school district, charter school sponsor, secured correctional facility, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

AB936, s. 21 Section 21. 48.31 (2) of the statutes is amended to read:

AB936,7,16 48.31 (2) The hearing shall be to the court unless the child, the child's parent, guardian, or legal custodian, the unborn child by the unborn child's guardian ad litem, or the expectant mother of the unborn child exercises the right to a jury trial by demanding a jury trial at any time before or during the plea hearing. If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the jury shall consist of 12 persons unless the parties agree to a lesser number. Chapters 756 and 805 shall govern the selection of jurors. If the hearing involves a child victim or witness, as defined in s. 950.02, the court may order the taking and allow the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or jury shall make a determination of the facts, except that in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or 48.133 (intro.) relating to whether the child or unborn child is in need of protection or services which that can be ordered by the court. If the court finds that the child or unborn child is not within the jurisdiction of the court or, in a case alleging a child or an unborn child to be in need of protection or services under s. 48.13 or 48.133, that the child or unborn child is not in need of protection or services which that can be ordered by the court or if the court or jury finds that the facts alleged in the petition have not been proved, the court shall dismiss the petition with prejudice.

Note: Corrects cross-reference. Section 48.133 does not have an introductory provision.

AB936, s. 22 Section 22. The treatment of 48.371 (3) (intro.) of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 69. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 48.371 (3) (intro.) reads:

(3) (intro.) At the time of placement of a child in a foster home, treatment foster home, group home, or residential care center for children and youth or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent, or operator of the group home or residential care center for children and youth information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c) or 48.831 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

AB936, s. 23 Section 23. The treatments of 48.981 (2) of the statutes by 2001 Wisconsin Acts 59 and 69 are not repealed by 2001 Wisconsin Act 70. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 4-1-04, 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, group home, as described in s. 48.625 (1m), or residential care center for children and youth, 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 or a residential care center for children and youth, physical therapist, physical therapist assistant, 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.

AB936, s. 24 Section 24. 49.141 (2g) of the statutes is repealed.

Note: The audits required by this provision have been completed by the legislative audit bureau and a series of reports released.

AB936, s. 25 Section 25. The treatment of 49.855 (3) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 49.855 (3) reads:

49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance.

AB936, s. 26 Section 26. The treatment of 49.855 (4m) (b) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 49.855 (4m) (b) reads:

49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

AB936, s. 27 Section 27. The treatment of 59.25 (3) (f) 2. of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 1-1-03, s. 59.25 (3) (f) 2. reads:

2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.983 for the wild animal protection assessment, the amounts required by ss. 29.987 and 169.46 (1) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required by ss. 29.989 and 169.46 (2) for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB936, s. 28 Section 28. The treatment of 59.40 (2) (m) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 1-1-03, s. 59.40 (2) (m) 2. reads:

(m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.983 for the wild animal protection assessment, the amounts required under s. 29.987 (1) (d) and 169.46 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required under ss. 29.989 (1) (d) and 169.46 (2) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB936, s. 29 Section 29. 59.69 (4e) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB936,11,8 59.69 (4e) (b) The construction of new migrant labor camps, as defined in s. 103.90 (3), that are built on or after September 1, 2001, on property that is adjacent to a food processing plant, as defined in s. 100.03 (1) (q) 97.29 (1) (h), or on property owned by a producer of vegetables, as defined in s. 100.03 (1) (zs) 100.235 (1) (g), if the camp is located on or contiguous to property on which vegetables are produced or adjacent to land on which the producer resides.

Note: 2001 Wis. Act 16 repealed s. 100.03. The definition of "food processing plant" in s. 100.03 (1) (q) stated that the term has the meaning given in s. 97.29 (1) (h), and the actual definition is substituted. The definition of "vegetable" at s. 100.235 (1) (g) is substantively identical to the definition in s. 100.03 (1) (zs).

AB936, s. 30 Section 30. 66.0621 (5) (b) of the statutes, as affected by 2001 Wisconsin Act 30, section 36, is renumbered 66.0621 (6) (b).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).

AB936, s. 31 Section 31. The treatment of 70.111 (25) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 30. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 70.111 (25) reads:

(25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station, television station, or cable television system, as defined in s. 66.0419 (2) (d).

AB936, s. 32 Section 32. 71.05 (1) (d) of the statutes is repealed.

Note: Section 71.05 (1) (d) states: "Onetime sales tax rebate. Any amount received as a taxpayer rebate from a claim approved under s. 77.64." 2001 Wis. Act 38 repealed s. 77.64, leaving this provision without effect.

AB936, s. 33 Section 33. 77.995 (1) (a) of the statutes is amended to read:

AB936,12,4 77.995 (1) (a) Except as provided in par. (b), "limousine" means a passenger automobile that has a capacity of 10 or and fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; and that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route.