2001 Wisconsin Act 104

104,97 Section 97. 251.11 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

251.11 (2) The local board of health of a multiple county health department established under s. 251.02 (3) shall, under this section, determine the compensation for the employees of the multiple county health departments department. The local board of health of a city-county health department established under s. 251.02 (1m) shall, under this section, determine the compensation for the employees of the city-county health department.

Note: 2001 Wis. Act 16 inserted the underscored "the" without showing it as underscored. The change was intended. Replaces the plural with the singular for proper sentence agreement.

104,98 Section 98. 281.58 (9) (e) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

281.58 (9) (e) If the department of natural resources and the department of administration determine that the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will only be available only to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

Note: 2001 Wis. Act 16 inserted the underscored comma without showing it as underscored. The change was intended. Corrects adverb placement.

104,99 Section 99. 343.301 (1) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, section 3420m, is amended to read:

343.301 (1) (b) 2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning on the first day of the operating privilege revocation period one year after the operating privilege revocation period begins.

Note: 2001 Wis. Act 16, s. 3420m, inserted the stricken language without showing it as underscored and deleted the underscored language without showing it as stricken. No change was intended.

104,100 Section 100. 343.305 (10) (b) 4. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2) within a 10-year period, equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 90 120 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

Note: 2001 Wis. Act 16 inserted the stricken language without showing it as underscored and deleted the underscored language without showing it as stricken. No change was intended.

104,101 Section 101. 346.655 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $355 in addition to the fine or forfeiture, penalty assessment, jail assessment, crimes crime laboratories and drug law enforcement assessment, and, if required by s. 349.04, truck driver education assessment.

Note: 2001 Wis. Act 16 inserted the stricken language without showing it as underscored and deleted the underscored language without showing it as stricken. No change was intended.

104,102 Section 102. 347.145 (2) of the statutes is amended to read:

347.145 (2) A motor bus may be equipped with amber lights which that shine with a steady beam or which that pulse during deceleration, braking, or standing and idling. The lights shall be mounted symmetrically with respect to the vertical centerline center line of the motor bus in a horizontal alignment on the rear of the motor bus. The lights may be mounted no higher than the lower edge of the rear window, or no higher than 72 inches if the motor bus does not have a rear window.

Note: Corrects spelling. Replaces "which" with "that" and inserts a comma to improve grammar.

104,103 Section 103. 347.24 (1) (am) of the statutes is amended to read:

347.24 (1) (am) No person may operate on a highway during hours of darkness any implement of husbandry that extends 4 feet or more to the left of the centerline center line of its towing vehicle unless such the implement is equipped with an amber reflector meeting the visibility requirements of s. 347.19 and mounted on the left side, facing forward, so as to mark the extreme width of the implement to drivers of oncoming vehicles.

Note: Corrects spelling and replaces disfavored term.

104,105 Section 105. 350.1395 (4) (b) of the statutes, as affected by 2001 Wisconsin Act 14, is amended to read:

350.1395 (4) (b) The department may not promulgate a rule under this subsection without first consulting with each rail authority in this state, that has furnished the department with the information required under s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads.

Note: Deletes unnecessary comma.

104,105 Section 105. 409.704 (3) 1. and 2. of the statutes, as created by 2001 Wisconsin Act 10, are renumbered 409.704 (3) (a) and (b).

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

104,106 Section 106. 442.087 (2) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

442.087 (2) Renewal of firm licenses. After January 1, 2005, the department may not renew the license of a firm unless, at least once every 3 years, the firm undergoes the peer review that is specified in the rules promulgated under sub. (3) and that is conducted by a person, approved by the examining board under the rules, who is not affiliated with the firm or members of the firm undergoing review.

Note: Adds commas to improve grammar and clarity.

104,107 Section 107. 455.02 (2m) (h) of the statutes is amended to read:

455.02 (2m) (h) A person who has a doctoral degree in psychology and who has met the examining board's requirements for predoctoral supervised experience under s. Psy 2.09 (2), Wis. adm. code Adm. Code, while employed as a psychology resident by a clinic certified by the department of health and family services.

Note: Changes capitalization consistent with current style.

104,108 Section 108. 455.02 (2m) (L) of the statutes, as affected by 2001 Wisconsin Act 38, is amended to read:

455.02 (2m) (L) A mental health professional who has met all of the qualifications under s. HFS 61.96, Wis. adm. code Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health and family services under s. HFS 61.95, Wis. adm. code Adm. Code, if the person is performing activities that are a part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and is performing those activities solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.

Note: Changes capitalization consistent with current style.

104,109 Section 109. 560.03 (17) of the statutes is amended to read:

560.03 (17) Assist new businesses and small businesses receiving economic development loans under s. 234.65 (1) (a) or the assistance of the Wisconsin housing Housing and economic development authority Economic Development Authority in locating sources of venture capital and in obtaining the state and federal licenses and permits necessary for business operations.

Note: Capitalizes authority title consistent with current style.

104,110 Section 110. 560.034 (5) (b) of the statutes is amended to read:

560.034 (5) (b) Under sub. (3), to the Wisconsin housing Housing and economic development authority Economic Development Authority.

Note: Capitalizes authority title consistent with current style.

104,111 Section 111. 560.795 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

560.795 (2) (a) Except as provided in par. (d), the designation of each area under sub. (1) (a), (b), and (c), and (e) as a development opportunity zone shall be effective for 36 months, with the designation of the areas under sub. (1) (a) and (b) beginning on April 23, 1994, and the designation of the area under sub. (1) (c) beginning on April 28, 1995. Except as provided in par. (d), the designation of each area under sub. (1) (d), (e), and (f) as a development opportunity zone shall be effective for 84 months, with the designation of the area under sub. (1) (d) beginning on January 1, 2000, and the designations of the areas under sub. (1) (e) and (f) beginning on September 1, 2001.

Note: 2001 Wis. Act 16 inserted the stricken language without showing it as underscored. No change was intended.

104,112 Section 112. 560.798 (4) (a) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.798 (4) (a) 2. A business' business's certification and the limit on the amount of tax benefits that the business may claim.

Note: Corrects the possessive form of a singular noun.

104,113 Section 113. 560.798 (4) (a) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.798 (4) (a) 3. The revocation of a business' business's certification.

Note: Corrects the possessive form of a singular noun.

104,114 Section 114. 560.798 (5) (f) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.798 (5) (f) Reasons for revoking a business' business's certification.

Note: Corrects the possessive form of a singular noun.

104,115 Section 115. 560.96 (4) (a) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.96 (4) (a) 2. A business' business's certification and the limit on the amount of tax credits that the business may claim.

Note: Corrects the possessive form of a singular noun.

104,116 Section 116. 560.96 (4) (a) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.96 (4) (a) 3. The extension or revocation of a business' business's certification.

Note: Corrects the possessive form of a singular noun.

104,117 Section 117. 560.96 (5) (b) (intro.) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.96 (5) (b) (intro.) A business' business's eligibility for certification, including definitions for all of the following:

Note: Corrects the possessive form of a singular noun.

104,118 Section 118. 560.96 (5) (e) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.96 (5) (e) Standards for extending a business' business's certification, including what measures, in addition to job creation, the department will use to determine the growth of a specific business and how the department will establish baselines against which to measure growth.

Note: Corrects the possessive form of a singular noun.

104,119 Section 119. 560.96 (5) (h) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

560.96 (5) (h) Reasons for revoking a business' business's certification.

Note: Corrects the possessive form of a singular noun.

104,120 Section 120. 600.01 (1) (b) 7. of the statutes is amended to read:

600.01 (1) (b) 7. Guarantees of the Wisconsin health Health and educational facilities authority Educational Facilities Authority under s. 231.35.

104,121 Section 121. 706.11 (1) (c) 2. of the statutes is amended to read:

706.11 (1) (c) 2. The Wisconsin health Health and educational facilities authority Educational Facilities Authority created under ch. 231, the Wisconsin housing Housing and economic development authority Economic Development Authority created under ch. 234, or any other authority created by state law.

Note: Capitalizes authority title consistent with current style.

104,122 Section 122. 944.21 (9) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

944.21 (9) In determining whether material is obscene under sub. (2) (c) 1. and 3., a judge or jury shall examine individual pictures, recordings of images, or passages in the context of the work in which they appear.

Note: 2001 Wis. Act 16 inserted the underscored comma without showing it as underscored. The change was intended.

104,123 Section 123. 948.11 (2) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

948.11 (2) (b) (intro.) Whoever, with knowledge of the character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, play, distribute, or loan the material to a child is guilty of a Class A misdemeanor if any of the following applies:

Note: 2001 Wis. Act 16 inserted the underscored comma without showing it as underscored. The change was intended.

104,124 Section 124. 973.09 (4) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

973.09 (4) (c) While subject to this subsection, the probationer is subject to s. 303.08 (1), (3) to (6), (8) to (12), and (14) or to s. 303.10, whichever is applicable, to all the rules of the facility to which the probationer is confined, and to the discipline of the department, if confined to a facility under par. (b), or the sheriff.

Note: 2001 Wis. Act 16 inserted the underscored "or" without showing it as underscored. The change was intended.

104,125 Section 125. 979.10 (4) of the statutes is amended to read:

979.10 (4) Whoever accepts, receives, or takes any corpse of a deceased person with intent to destroy the corpse by means of cremation, or who cremates or aids and assists in the cremation of any corpse of a deceased person without having presented the certificate permit specified in sub. (1) shall be fined not more than $10,000 or imprisoned not more than 9 months or both.

Note: Makes terminology consistent with that in s. 979.10 (1). 1985 Wis. Act 315 repealed and recreated s. 979.10 (1). Prior to 1985 Wis. Act 315. s. 979.10 (1) required a "certificate of burial permit." 1985 Wis. Act 315 changed s. 979.10 (1) to require "cremation permit," but did not amend s. 979.10 (4) to reflect the change.

104,126 Section 126. 2001 Wisconsin Act 16, section 458 is amended by replacing "grants under s. and ss. 560.13 and 560.139 (1) (c), and for the grant under 1999 Wisconsin Act 9" with "grants under s. ss. 560.13 and 560.139 (1) (c), for the grant under 1999 Wisconsin Act 9".

Note: Confirms that "and" was preexisting language and was neither added nor deleted by 2001 Wisconsin Act 16, section 458.

104,127 Section 127. 2001 Wisconsin Act 16, section 737am is amended by replacing "under s. 49.33 (8); and for payments to, and Wisconsin works agencies;" with " under s. 49.33 (8), and Wisconsin works agencies;".

Note: The "; and for payments to" shown as stricken in 2001 Wis. Act 16, section 737m was not preexisting text and was inadvertently inserted. The semicolon shown as plain text in s. 737m, was inserted into s. 20.445 (3) (dz) by Act 16, s. 737, without being shown as underscored. The s. 737 treatment is corrected elsewhere in this bill and is shown as underscored here to confirm its correct location after the treatment by Act 16, section 737m.