2001 WISCONSIN ACT 105
An Act relating to: repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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.
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.
105,3
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3. 13.94 (1) (o) of the statutes is repealed.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.
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4. 13.94 (11) of the statutes is repealed.
Note: The performance evaluation and report required are planned for release in 2002.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Act 20 also created a provision numbered 14.16 (10).
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: 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.
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.
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.
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10. 20.292 (title) of the statutes is amended to read:
20.292 (title) Technical college system
, board of.
Note: Conforms title to agency name under s. 15.94.
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.
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.
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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.
Note: Places definition in alphabetical order within the subsection, consistent with current style.
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.
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.
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.
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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.
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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.
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.
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21. 48.31 (2) of the statutes is amended to read:
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.
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:
