2001 Wisconsin Act 104

104,78 Section 78. 118.02 (17) of the statutes, as created by 2001 Wisconsin Act 20, is renumbered 118.02 (17m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 16 also created a provision numbered s. 118.02 (17).

104,79 Section 79. The treatment of 118.51 (3) (a) 1. of the statutes by 1999 Wisconsin Act 117 is not repealed by 1999 Wisconsin Act 118. Both treatments stand.

Note: There is no conflict of substance. As merged, s. 118.51 (3) (a) 1. reads:

1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday following the first Monday in February of the school year immediately preceding the school year in which the pupil wishes to attend. Applications may be submitted to no more than 3 nonresident school boards in any school year. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.

104,80 Section 80. 119.82 (1) (a) 3. of the statutes is amended to read:

119.82 (1) (a) 3. Has been or is being sanctioned under s. 49.26 (1) (h) or is subject to the monthly attendance requirement under s. HSS 201.195 DWD 11.195 (4) (b) 2., Wis. adm. code Adm. Code.

Note: Inserts correct citation and changes capitalization consistent with current style.

104,81 Section 81. 121.105 (2) (b) of the statutes is amended to read:

121.105 (2) (b) A school district is eligible to receive additional aid under par. (a) (am) only if additional aid does not result in a state aid payment greater than the school district's shared cost.

Note: Section 121.105 (2) (a) was renumbered to s. 121.105 (2) (am) by 2001 Wis. Act 16.

104,82 Section 82. 126.16 (7) (e) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

126.16 (7) (e) 1. Issue a summary order under s. 126.55 126.85 (2) that prohibits the grain dealer from procuring producer grain or requires the grain dealer to pay cash on delivery for all producer grain.

Note: Inserts correct cross-reference. Section 126.55 (2) defines "cash payment." Section 126.85 (2) relates to summary orders.

104,83 Section 83. 180.0103 (7m) of the statutes is amended to read:

180.0103 (7m) "Electronic transmission" or "electronically transmitted" means internet Internet transmission, telephonic transmission, electronic mail transmission, transmission of a telegram, cablegram, or datagram, or any other form or process of communication that does not directly involve the physical transfer of paper and that is suitable for the retention, retrieval, and reproduction of information by the recipient.

Note: Capitalizes "internet" consistent with current style.

104,84 Section 84. 196.485 (1m) (b) of the statutes is amended to read:

196.485 (1m) (b) After beginning operations, the transmission company shall, except for transmission service provided by an electric utility that has not transferred its transmission facilities to the the transmission company, have the exclusive duty to provide transmission service in those areas in which transmission facilities have been contributed. The duty under this paragraph shall terminate on the date, as determined by the commission under sub. (2) (d), that the Midwest independent system operator begins operations.

Note: Deletes repeated word.

104,85 Section 85. 227.15 (1) (title) of the statutes is amended to read:

227.15 (1) (title) Submission Submittal to legislative council staff.

Note: Makes title consistent with the terminology used throughout the remainder of ch. 227.

104,86 Section 86. 230.36 (1m) (b) 5. b. of the statutes is amended to read:

230.36 (1m) (b) 5. b. Surveying or inspecting within the right of way right-of-way of highways on which traffic is maintained.

Note: Corrects spelling.

104,87 Section 87. 231.01 (1) of the statutes is amended to read:

231.01 (1) "Authority" means the Wisconsin health Health and educational facilities authority Educational Facilities Authority.

Note: Capitalizes authority title consistent with current style.

104,88 Section 88. 234.01 (1) of the statutes is amended to read:

234.01 (1) "Authority" means the Wisconsin housing Housing and economic development authority Economic Development Authority.

Note: Capitalizes authority title consistent with current style.

104,89 Section 89. 234.02 (title) of the statutes is amended to read:

234.02 (title) Wisconsin housing Housing and economic development authority Economic Development Authority: creation; membership; appointment and tenure; meetings; officers.

Note: Capitalizes authority title consistent with current style.

104,90 Section 90. 234.02 (1) of the statutes is amended to read:

234.02 (1) There is created a public body corporate and politic to be known as the "Wisconsin housing Housing and economic development authority". Economic Development Authority." The members of the authority shall be the secretary of commerce or his or her designee and the secretary of administration or his or her designee, and 6 public members nominated by the governor, and with the advice and consent of the senate appointed, for staggered 4-year terms commencing on the dates their predecessors' terms expire. In addition, one senator of each party and one representative to the assembly of each party appointed as are the members of standing committees in their respective houses shall serve as members of the authority. A member of the authority shall receive no compensation for services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the discharge of duties. Subject to the bylaws of the authority respecting resignations, each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member shall be filed with the authority and the certificate shall be conclusive evidence of the due and proper appointment.

Note: Capitalizes authority title consistent with current style.

104,91 Section 91. 234.98 of the statutes is amended to read:

234.98 Transferred assets. The assets and liabilities transferred from the community development finance authority Community Development Finance Authority under 1987 Wisconsin Act 399, section 3011 (2) (a) shall be separate from all other assets and liabilities of the Wisconsin housing Housing and economic development authority Economic Development Authority. The outstanding obligations or liabilities of the community development finance authority Community Development Finance Authority shall be paid only from the assets transferred to the Wisconsin housing Housing and economic development authority Economic Development Authority from the community development finance authority Community Development Finance Authority under 1987 Wisconsin Act 399, section 3011 (2) (a).

Note: Capitalizes authority title consistent with current style.

104,92 Section 92. 236.20 (2) (c) of the statutes is amended to read:

236.20 (2) (c) The length and bearing of the exterior boundaries, the boundary lines of all blocks, public grounds, streets, and alleys, and all lot lines, except that when the lines in any tier of lots are parallel it shall be sufficient to mark the bearings of the outer lines on one tier thereof. Easements not parallel to a boundary or lot line shall be shown by centerline center line distance, bearing, and width or by easement boundary bearings and distances. Where easement lines are parallel to boundary or lot lines, the boundary or lot line distances and bearings are controlling. Where the exterior boundary lines show bearings or lengths which that vary from those recorded in abutting plats or certified surveys there shall be the following note placed along such the lines, "recorded as (show recorded bearing or length or both)".."

Note: Corrects spelling, replaces and deletes disfavored terms, and moves quotation mark for conformity with current style.

104,93 Section 93. 237.01 (4) of the statutes, as affected by 2001 Wisconsin Act 16, section 1337, is renumbered 237.01 (5).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 16, s. 3128, created a provision that was also numbered s. 237.01 (4).

104,94 Section 94. 237.10 (1) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

237.10 (1) Upon entering into the lease under s. 237.06, the authority shall maintain the sea lamprey barrier at the Rapide Croche lock according to specifications of the department of natural resources in order to prevent sea lampreys and other aquatic nuisance species from moving upstream.

Note: Inserts missing word consistent with s. 237.10 (2).

104,95 Section 95. 237.11 (2) and (3) of the statutes, as created by 2001 Wisconsin Act 16, are amended to read:

237.11 (2) If an employee of the authority declares an intention to run for partisan political office, the employee shall be placed on a leave of absence for the duration of the election campaign and if elected shall no longer be employed by the authority on assuming the duties and responsibilities of such office.

(3) An employee of the authority may be granted, by the chief executive officer, a leave of absence to participate in partisan political campaigning.

Note: Inserts commas to improve grammar.

104,96 Section 96. 247.03 (2) (c) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

247.03 (2) (c) The executive secretary of the arts board, as a nonvoting member.

Note: Inserts comma to improve grammar.

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: