105,13
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13. 20.835 (2) (am) of the statutes is repealed.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 Act 38 repealed s. 77.64, leaving this provision without effect.
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.
105,18
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 Act 38 repealed s. 30.277 (1m) (b).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.
105,19
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.
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.
105,21
Section
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:
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.
105,24
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.
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.
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.
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.
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.
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).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
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).
105,32
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.
105,33
Section
33. 77.995 (1) (a) of the statutes is amended to read:
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.
Note: Deletes unnecessary word.
90.21 (2) (a) No person may keep farm-raised deer if any of the farm-raised deer are white-tailed deer unless all of the farm-raised deer are contained in an
a fenced area for which the person holds a valid fence inspection certificate issued by the department under this section.
Note: Inserts correct article.
95.71 (1) (f) " Animal trucker employee" means the employee of a person who holds an animal trucker license if the employee, in the name of the licensed animal trucker, operates an animal transport vehicle which is registered by the animal trucker and on which the name and the business address of the licensed animal livestock trucker are prominently displayed.
Note: Throughout
2001 Wis. Act 56 "licensed livestock trucker" was replaced with "licensed animal trucker." "Licensed" was erroneously replaced with "animal" and livestock was retained, resulting in the redundant "animal livestock trucker." "Licensed" is restored and "livestock" removed to conform the language with the remainder of the treatment by Act 56.
108.02 (15) (k) 20. b. Respiratory care service for ventilator-dependent individuals authorized under s. 49.46 (2) (b) 6m. 6. m., for which medical assistance reimbursement is available as a covered service, provided by an individual who is certified by the department of health and family services under s. 49.45 (2) (a) 11. as a provider of respiratory care services in independent practice.
Note: Corrects cross-reference punctuation.
108.05 (1) (m) (intro.) Each eligible employee shall be paid benefits for each week of total unemployment which that commences on or after December 30, 2001, and before December 29, 2002, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's base period wages which that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (m) following]
Note: Replaces "which" with "that" to correct grammar.
108.05 (1) (n) (intro.) Each eligible employee shall be paid benefits for each week of total unemployment which that commences on or after December 29, 2002, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's base period wages which
that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (n) following]
Note: Replaces "which" with "that" to correct grammar.
108.14 (2e) The department may provide a secure means of electronic interchange between itself and employing units, claimants, and other persons which that, upon request to and with prior approval by the department, may be used for departmental transmission or receipt of any document specified by the department that is related to the administration of this chapter in lieu of any other means of submission or receipt specified in this chapter. If a due date is established by statute for the receipt of any document that is submitted electronically to the department under this subsection, then that submission is timely only if the document is submitted by midnight of the statutory due date.
Note: Replaces "which" with "that" to correct grammar.
108.152 (1) (intro.) Each Indian tribe which that is an employer may, in lieu of paying contributions under ss. 108.17 and 108.18, elect reimbursement financing for itself as a whole or for any tribal units or combinations of tribal units which that are wholly owned subdivisions, subsidiaries, or business enterprises, as of the beginning of any calendar year, subject to the following conditions:
Note: Replaces "which" with "that" to correct grammar.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Acts 16 and
20 also created provisions numbered 118.02 (17).
105,42
Section
42. 118.40 (8) of the statutes is repealed.
Note: The audits required by this provision have been completed by the legislative audit bureau and a report released.
105,43
Section
43. 119.23 (9) of the statutes is repealed.
Note: The audits required by this provision have been completed by the legislative audit bureau and a report released.
105,44
Section
44. The treatment of 120.13 (37) of the statutes by
2001 Wisconsin Act 98 is not repealed by 2001 Wisconsin Act .... (LRB-3698/1). Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 120.13 (37) reads:
120.13 (37) (a) Notwithstanding s. 118.33 (1), award a high school diploma to a person who meets all of the following requirements:
1. Is at least 65 years old.
2. Attended high school in the school district or attended high school in this state and resides in the school district.
3. Left high school before receiving a high school diploma to join the U.S. armed forces during a war period under s. 45.001 (5).
