2007 WISCONSIN ACT
97
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:
Note:
There is no conflict of substance. As merged by the revisor s. 6.03 (1) (a) reads:
(a) Any person who is incapable of understanding the objective of the elective process or who is under guardianship, unless the court has determined that the person is competent to exercise the right to vote.
Note:
There is no conflict of substance. As merged by the revisor, s. 13.172 (1) reads:
(1)
In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, or 234.
Note:
There is no conflict of substance. As merged by the revisor, s. 13.62 (2) reads:
(2)
"Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, or 237, except that the term does not include a council or committee of the legislature.
Note:
There is no conflict of substance. As merged by the revisor, s. 13.95 (intro.) reads:
13.95
Legislative fiscal bureau.
(intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.
Note:
There is no conflict of substance. As merged by the revisor, s. 15.07 (1) (cm) reads:
(cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.002 (2) reads:
(2)
"Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 and in chs. 231, 232, 233, 234, 235, and 237.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.004 (4) reads:
(4)
Freedom of access.
The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.
0
Note:
There is no conflict of substance. As merged by the revisor, s. 16.004 (5) reads:
(5)
Agencies and employees to cooperate.
All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.004 (12) (a) reads:
(a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Fox River Navigational System Authority.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.045 (1) (a) reads:
(a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237.
Section
11
.
16.22 (2) (k) of the statutes is amended to read:
16.22
(2)
(k) Coordinate its activities with the activities of the corporation
, the federal ACTION agency established under 42 USC 5041
and any state agency that administers federal financial assistance under
42 USC 9901
to
9912
or any other federal financial assistance program with which coordination would be appropriate.
Note:
Section
42 USC 5041
was repealed by P.L.
103-82
, which provided that the functions of the ACTION agency be transferred to the corporation.
16.25
(5)
The board shall establish by rule a process by which a volunteer fire fighter, first
provider
responder
, or emergency medical technician may appeal to the board any decision made by the department or by an individual or organization under contract with the board under sub. (4) that affects a substantial interest of the volunteer fire fighter, first responder, or emergency medical technician under the program.
Note:
Inserts correct terminology.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.41 (4) reads:
(4)
In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 233, 234, or 237.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.52 (7) reads:
(7)
Petty cash account.
With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
Section
15
.
16.526 (2) of the statutes is amended to read:
16.526
(2)
The net proceeds of revenue obligations issued under subch. II of ch. 18, as authorized under this section, shall be deposited in a fund in the state treasury, or an account maintained by a trustee, created under s. 18.57 (1). The moneys shall be applied for ancillary payments and for the provision of reserves, as determined by the building commission, and for the payment of part or all of the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, as determined by the department, and any remainder shall be paid into a retirement liability obligation redemption fund created under
s.
18.562 (3).
Note:
Inserts missing "s." The change is in the printed statutes.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.528 (1) (a) reads:
(a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.53 (2) reads:
(2)
Improper invoices.
If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.54 (9) (a) 1. reads:
1. "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.70 (2) reads:
(2)
"Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237.
16.75
(1m)
The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority
and
,
the Wisconsin Aerospace Authority
,
and the Health Insurance Risk-Sharing Plan Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance
,
and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.
Note:
Corrects punctuation.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (1) reads:
(1)
Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (2) reads:
(2)
Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (4) reads:
(4)
Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (5) reads:
(5)
The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (6) reads:
(6)
The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (7) (intro.) reads:
(7)
(intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and Entertainment Corporation shall:
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (7) (d) reads:
(d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and Entertainment Corporation.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.765 (8) reads:
(8)
If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.85 (2) reads:
(2)
To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.865 (8) reads:
(8)
Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.997 (2) (b) reads:
(b) Establish eligibility requirements for an educational agency to participate in the program established under sub. (1) and to receive additional telecommunications access under s. 16.998, including a requirement that a charter school sponsor use data lines and video links to benefit pupils attending the charter school and a requirement that Internet access to material that is harmful to children, as defined in s. 948.11 (1) (b), is blocked on the computers of juvenile correctional facilities that are served by data links and video links subsidized under this section.
Note:
There is no conflict of substance. As merged by the revisor, s. 16.997 (2) (f) reads:
(f) Ensure that juvenile correctional facilities that receive access under this section to data lines and video links or that receive additional access under s. 16.998 to data lines, video links, and bandwidth use those data lines and video links and that bandwidth only for educational purposes.
19.36
(13)
Financial identifying information.
An authority shall not provide access to personally identifiable data that contains an individual's account or customer number with a financial institution, as defined in s.
895.505
134.97
(1) (b), including credit card numbers, debit card numbers, checking account numbers, or draft account numbers, unless specifically required by law.
Note:
Corrects cross-reference. Section 895.505 was renumbered to s. 134.97 by
2005 Wis. Act 155
.
20.370
(4)
(kr)
Commercial fish protection and Great Lakes resource surcharges.
All moneys received from commercial fish protection surcharges under s. 29.984 and from Great Lakes resource surcharges under s.
29.99
29.9905
for research relating to Great Lakes fish.
Note:
Section 29.99, as created by
2005 Wis. Act 288
, is renumbered to s. 29.9905 by this bill.
20.380
(1)
(ig)
Golf promotion.
All moneys received under s. 341.14 (6r) (b)
9.
9m.
a. for the purpose of promoting golf in this state.
Note:
Section 341.14 (6r) (b) 9., as created by
2005 Wis. Act 260
, is renumbered s. 341.14 (6r) (b) 9m. by this bill.
20.380
(1)
(ir)
Payments to the WPGA Junior Foundation.
All moneys received under s. 341.14 (6r) (b)
9.
9m.
b. for payments to the WPGA Junior Foundation, Inc. under s. 41.24.
Note:
Section 341.14 (6r) (b) 9., as created by
2005 Wis. Act 260
, is renumbered s. 341.14 (6r) (b) 9m. by this bill.
Section
37
.
20.410 (3) (d) of the statutes, as created by
2005 Wisconsin Act 234
, is renumbered 20.410 (3) (dm).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 25
renumbered s. 20.505 (6) (d) to s. 20.410 (3) (d).
Section
38
.
20.835 (2) (cm) of the statutes, as created by
2005 Wisconsin Act 361
, is renumbered 20.835 (2) (co) and amended to read:
20.835
(2)
(co)
Enterprise zone jobs credit.
A sum sufficient to make the payments under ss. 71.07 (3w) (c) 1., 71.28 (3w) (c) 1.,
and
71.47 (3w) (c) 1.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision numbered 20.835 (2) (cm) previously existed. Inserts missing "and."
Section
39
.
20.907 (5) (e) 6. of the statutes is amended to read:
20.907
(5)
(e) 6. Advances from
child caring institutions
residential care centers for children and youth
and counties and moneys receivable from counties under s. 46.037.
Note:
The term "child caring institution" was changed to "residential care center for children and youth" by
2001 Wis. Act 59
.
Section
40
.
24.61 (2) (a) 10. of the statutes, as created by
2005 Wisconsin Act 335
, is renumbered 24.61 (2) (a) 10m.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 352
also created a provision numbered s. 24.61 (2) (a) 10.
Section
41
.
25.17 (3) (dm) of the statutes is amended to read:
25.17
(3)
(dm) Make loans secured by mortgages upon unencumbered and wholly or partly improved real property in the United States or Canada, or upon leasehold estates in improved real property therein. Real property and leasehold estates shall not be deemed to be encumbered within the meaning of this paragraph by reason of the existence of unpaid assessments and taxes not delinquent, mineral, oil or timber rights, easements or rights-of-way for public highways, private roads, railroad, telegraph, telephone, electric light and power lines, drains, sewers or other similar easements or rights-of-way,
lines
liens
for service and maintenance of water rights when not delinquent, party wall agreements, building restrictions, or other restrictive covenants or conditions, with or without a reversionary clause, or leases under which rents or profits are reserved to the owner. No such loan shall exceed
75%
75 percent
of the then fair market value, including buildings, if any, mortgages to secure the same. If the value of the buildings constitutes any part of the security, such buildings shall be kept insured to an amount which, together with
75%
75 percent
of the value of the land, shall equal or exceed the loan. The foregoing limitations and restrictions shall not apply to loans made under ch. 219 or real estate loans which are insured in whole or in part by the federal housing administration or commercial mortgage insurers.
Note:
Corrects spelling consistent with s. 25.17 (3) (bh). This provision was created by
chapter 39, Laws of 1975
, reproducing the phrase "liens for service and maintenance of water rights
when not delinquent" word-for-word from the previously existing s. 25.17 (3) (bh), except that "line" replaced "lien." The percent symbol is replaced consistent with current style.
Section
42
.
25.40 (1) (a) 22. of the statutes, as created by
2005 Wisconsin Act 260
, is renumbered 25.40 (1) (a) 23. and amended to read:
25.40
(1)
(a) 23. Moneys received under s. 341.14 (6r) (b)
9.
9m.
that are deposited in the general fund and credited to the appropriation accounts under s. 20.380 (1) (ig) and (ir).
Note:
2005 Wis. Act 199
also created a provision numbered s. 25.40 (1) (a) 22. Section 341.14 (6r) (b) 9., as created by
2005 Wis. Act 260
, is renumbered s. 341.14 (6r) (b) 9m. by this bill.
Section
43
.
25.40 (3) (b) of the statutes, as created by
2005 Wisconsin Act 85
, is renumbered 25.40 (3) (b) (intro.) and amended to read:
25.40
(3)
(b) (intro.) Beginning on July 1, 2007, no moneys may be appropriated from the transportation fund except for purposes related to
any of
the
following:
1. The
planning, design, construction, reconstruction, expansion, rehabilitation, maintenance, or operation of highway, airport, harbor, ferry, railroad, bicycle, or pedestrian facilities or service, or any costs attendant to such planning, design, construction, reconstruction, expansion, rehabilitation, maintenance, or operation
; the
.
2. The
acquisition of transportation facilities or property necessary to construct or enlarge transportation facilities, or costs attendant to such acquisition or to disposal of any acquired facility or property
; costs
.
3. Costs
associated with utility facilities within the rights-of-way of transportation facilities or with radio communications facilities and equipment owned or leased by, and services provided by, the department of transportation and used for law enforcement
; aids
.
4. Aids
or assistance to cities, villages, towns, or counties for transportation purposes
; the
.
5. The
expenditure of federal transportation aid received by the state for any purpose for which the aid is provided or the provision of matching or supplemental funds associated with such aid, or the expenditure of funds derived from gifts or grants received by the department of transportation for any purpose for which the gift or grant is provided
; state
.
6. State
enforcement of traffic laws
; transportation
.
7. Transportation
safety programs
; the
.
8. The
administration of laws related to motor vehicles, driver licensing, or aeronautics
; the
.
9. The
payment of principal and interest on bonds issued for highway, railroad, or harbor improvements or other transportation facilities
; the
.
10. The
general costs of administration of the department of transportation
; the
.
11. The
costs of administration of the taxes and fees that are deposited in the transportation fund
; terminal
.
12. Terminal
tax distribution payments under s. 76.24 (2) (a)
; tourism
.
13. Tourism
promotion under s. 20.380 (1) (w)
; transfers
.
14. Transfers
to the conservation fund for motor fuel tax collections on the use of fuel by snowmobiles, all-terrain vehicles, and motorboats
; any
.
15. Any
refunds of transportation fund taxes and fees authorized by law
; or any
.
16. Any
other program administered by the department of transportation on January 10,
2005
2006
.
Note:
Renumbers provisions pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability. The date was printed incorrectly in the printed volumes.
28.025
(1)
In this section, "forested property" means forested property owned by this state and
and
under the jurisdiction of the department from which timber is harvested.
Note:
Deletes repeated word. The repeated "and" is not shown in the printed statutes.
Note:
There is no conflict of substance. As merged by the revisor, s. 29.194 (1) (a), as renumbered from s. 29.194 (1) by
2005 Wis. Act 283
, reads:
(a) Notwithstanding ss. 29.024 (2) and 29.228 (1) (a), the department shall issue a resident fishing license, resident small game hunting license or resident deer hunting license to a qualified student applying for the license. A qualified student is a person who exhibits proof that he or she is a registered full-time student who is present in this state attending a public or private college or university that is located in this state and that offers an associate degree or a bachelor's degree or that he or she is a citizen of a foreign country temporarily residing in this state while attending a high school located in this state or an agricultural short course at the University of Wisconsin System.
Section
46
.
29.235 (2) of the statutes, as affected by
2005 Wisconsin Act 25
, is renumbered 29.235 (2) (intro.) and amended to read:
29.235
(2)
Authorization; resident hunting, fishing, and trapping privileges.
(intro.) A resident conservation patron license confers upon the licensee
all
the combined privileges conferred by
a
all of the following:
(a) A
resident small game hunting license
, a
.
(b) A
resident deer hunting license
, a
.
(c) A
resident wild turkey hunting license
, a
.
(d) A
resident archer hunting license
, a
.
(e) A
waterfowl hunting stamp
, a
.
(f) A
pheasant hunting stamp
, a
.
(g) A
wild turkey hunting stamp
, a
.
(h) A
resident annual fishing license
, an
.
(i) An
inland waters trout stamp
, a
.
(j) A
Great Lakes trout and salmon stamp
, a
.
(k) A
sturgeon hook and line tag
, and a
.
(L) A
trapping license.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
47
.
29.235 (2m) of the statutes, as affected by
2005 Wisconsin Acts 25
and
284
, is renumbered 29.235 (2m) (intro.) and amended to read:
29.235
(2m)
Authorization; nonresident hunting, fishing, and trapping privileges.
(intro.) A nonresident conservation patron license confers upon the licensee
all
the combined privileges conferred by
a
all of the following:
(a) A
nonresident small game hunting license
, a
.
(b) A
nonresident deer hunting license
, a
.
(c) A
nonresident wild turkey hunting license
, a
.
(d) A
nonresident archer hunting license
, a
.
(e) A
waterfowl hunting stamp
, a
.
(f) A
pheasant hunting stamp
, a
.
(g) A
wild turkey hunting stamp
, a
.
(h) A
nonresident annual fishing license
, an
.
(i) An
inland waters trout stamp
, a
.
(j) A
Great Lakes trout and salmon stamp
, and a
.
(k) A
sturgeon hook and line tag
, and a
.
(L) A
trapping license.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
48
.
29.405 (a), (b) and (c) of the statutes, as created by
2005 Wisconsin Act 291
, are renumbered 29.405 (1), (2) and (3).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b), correcting a numbering error.
Section
49
.
29.889 (7m) (ar) (intro.) of the statutes, as created by
2005 Wisconsin Act 82
, is amended to read:
29.889
(7m)
(ar)
Exemption; land not required to be open to hunting.
(intro.) The requirement under par. (a) does not apply
to a person
to whom the department grants a shooting permit for deer causing damage that is issued as an abatement measure recommended under this section if all of the following apply:
Note:
Inserts missing text as shown by drafting records and consistent with the creation of s. 29.885 (4r) by
2005 Wis. Act 82
.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 282
also created a provision numbered s. 29.972.
29.987
(1)
(a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, other than for a violation specified under s.
29.99
29.9905
(1) (a), the court shall impose a natural resources surcharge under ch. 814 equal to 75 percent of the amount of the fine or forfeiture.
Note:
Section 29.99, as created by
2005 Wis. Act 288
, is renumbered to s. 29.9905 by this bill.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 282
also created a provision numbered s. 29.99.
29.99
(3)
If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the wildlife violator compact surcharge under this section. If the deposit is forfeited, the amount of the wildlife violator compact surcharge shall be transmitted to the secretary of administration under
par. (d)
sub. (4)
. If the deposit is returned, the wildlife violator compact surcharge shall also be returned.
Note:
Inserts the correct cross-reference.
Section
54
.
31.385 (2) (e) of the statutes is repealed.
Note:
Repeals obsolete transition provision.
41.24
(2)
The agreement under this section shall require that the WPGA Junior Foundation, Inc. provide, without fee and as a condition of receiving payments specified under this section, any license or other approval required for use of any logo, trademark, trade name, word, or symbol to be used on or in association with special group registration plates under s. 341.14 (6r) (f)
56
55m
.
Note:
Section 341.14 (6r) (f) 56., as created by
2005 Wis. Act 260
, is renumbered s. 341.14 (6r) (f) 55m. by this bill.
Note:
There is no conflict of substance. As merged by the revisor s. 43.12 (1) reads:
(1)
By March 1 of each year, a county that does not maintain a consolidated public library for the county under s. 43.57 and that contains residents who are not residents of a municipality that maintains a public library under s. 43.52 or 43.53 shall pay to each public library in the county and to each public library in an adjacent county, other than a county with a population of at least 500,000, an amount that is equal to at least 70% of the amount computed by multiplying the number of loans reported under sub. (2) by the amount that results from dividing the total operational expenditures of the library during the calendar year for which the number of loans are reported, not including capital expenditures or expenditures of federal funds, by the total number of loans of material made by the public library during the calendar year for which the loans are reported. The library board of the public library entitled to a payment under this subsection may direct the county to credit all or a portion of the payment to a county library service or library system for shared services.
Section
58
.
44.45 (4) (b) of the statutes is amended to read:
44.45
(4)
(b) The list is not a rule under s.
227.13
227.01 (13)
. The state historical society shall publish the list as an appendix to the rules promulgated under s. 44.36.
Note:
Corrects cross-reference. "Rule" is defined at s. 227.01 (13). Section 227.13 is not related to defining or determining what a rule is, but rather provides for agencies to use informal conferences and consultations to obtain the viewpoint and advice of interested persons and to appoint committees to advise it with respect to contemplated rule making.
Section
59
.
46.043 (1) of the statutes is amended to read:
46.043
(1)
In addition to inpatient and outpatient services provided at mental health institutes under ss. 51.05 and 51.07, the department may authorize mental health institutes to offer services other than inpatient mental health services when the department determines that community services need to be supplemented. Services that may be offered under this section include mental health outpatient treatment and services, day programming, consultation and services in residential facilities, including group homes,
child caring institutions
residential care centers for children and youth,
and community-based residential facilities.
Note:
The term "child caring institution" was changed to "residential care center for children and youth" by
2001 Wis. Act 59
.
Note:
There is no conflict of substance. As merged by the revisor s. 46.10 (2) reads:
(2)
Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed, protected, or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003 stats., and 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
Section
61
.
46.261 (2) (a) 2. of the statutes is amended to read:
46.261
(2)
(a) 2. A county or, in a county having a population of 500,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such child is placed in a licensed
child caring institution
residential care center for children and youth
by the county department or the department. Reimbursement shall be made by the state pursuant to subd. 1.
Note:
The term "child caring institution" was changed to "residential care center for children and youth" by
2001 Wis. Act 59
.
Note:
There is no conflict of substance. As merged by the revisor, s. 48.371 (3) (d) reads:
(d) Any involvement of the child, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the child or for the protection of any person living in the foster home, treatment foster home, group home, or residential care center for children and youth.
Note:
There is no conflict of substance. As merged by the revisor s. 48.396 (1) reads:
(1)
Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (5), or (6) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies, or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1) (a). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.
Note:
There is no conflict of substance. As merged by the revisor, effective 7-1-2006, s. 48.42 (2m) (a), as renumbered from s. 48.42 (2m) by
2005 Wis. Act 293
, reads:
(a)
Parent as a result of sexual assault.
Except as provided in this paragraph, notice is not required to be given to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests to his or her belief that a sexual assault as specified in this paragraph has occurred or if the person who may be the father of the child has been convicted of sexual assault as specified in this paragraph for conduct which may have led to the child's conception. A person who under this paragraph is not given notice does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations. This paragraph does not apply to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time of the sexual assault.
48.423
(1)
Rights to paternity determination
. If a person appears at the hearing and claims that he is the father of the child, the court shall set a date for a hearing on the issue of paternity or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity. The court shall inform the person claiming to be the father of the child of any right to counsel under s. 48.23. The person claiming to be the father of the child must prove paternity by clear and convincing evidence. A person who establishes his paternity of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or meets a condition specified in s. 48.42 (2)
or
(b) or (bm).
Note:
Corrects citation error.
Note:
There is no conflict of substance. As merged by the revisor, s. 48.685 (1) (c) reads:
(c) "Serious crime" means a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53 if committed in this state.
Note:
There is no conflict of substance. As merged by the revisor s. 48.981 (1) (b) reads:
(b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health and family services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health and family services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.
Note:
There is no conflict of substance. As merged by the revisor, s. 49.45 (6m) (ag) (intro.) reads:
(ag) Payment for care provided in a facility under this subsection made under s. 20.435 (4) (b), (gp), (o), (pa), or (w) shall, except as provided in pars. (bg), (bm), and (br), be determined according to a prospective payment system updated annually by the department. The payment system shall implement standards that are necessary and proper for providing patient care and that meet quality and safety standards established under subch. II of ch. 50 and ch. 150. The payment system shall reflect all of the following:
49.497
(1m)
(a) If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at the hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.
If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.
Note:
The text of s. 49.497 (1m) (a) was inadvertently repeated in the treatment of that provision by
2005 Wis. Act 254
. The repeated language is not shown in the printed statutes.
Note:
There is no conflict of substance. As merged by the revisor, s. 50.065 (1) (e) 2. reads:
2. For the purposes of an entity that serves persons under the age of 18, "serious crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53 if committed in this state.
50.09
(1)
(f) 1.
`
Privacy for visits by spouse.
'
If both spouses are residents of the same facility, they shall be permitted to share a room unless medically contraindicated as documented by the resident's physician or advanced practice nurse prescriber in the resident's medical record.
Note:
The single quote marks were inserted without being underscored. No change was intended.
50.14
(4)
Sections 77.59 (1) to (5m), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under s. 77.59 (7) in excess of $13,800,000
45 percent
in a fiscal year shall be deposited in the Medical Assistance trust fund.
Note:
There is no conflict of substance. As merged by the revisor, s. 50.39 (3) reads:
(3)
Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.
Note:
There is no conflict of substance. As merged by the revisor s. 51.05 (2) reads:
(2)
Admissions authorized by counties.
The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has residence authorizes the care under s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06, or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.
Note:
There is no conflict of substance. As merged by the revisor s. 51.30 (4) (b) 8m. reads:
8m. To appropriate examiners and facilities in accordance with s. 54.36 (3), 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.
51.42
(3)
(aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08
(b)
(4) (g). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.
Note:
Deletes the paragraph designation of a cross-reference inserted by
2005 Wis. Act 431
, but rendered surplusage by the removal of the subsection portion of the cross-reference by
2005 Wis. Act 434
.
Note:
There is no conflict of substance. As merged by the revisor s. 51.61 (1) (o) reads:
(o) Except as otherwise provided, have a right not to be filmed or taped, unless the patient signs an informed and voluntary consent that specifically authorizes a named individual or group to film or tape the patient for a particular purpose or project during a specified time period. The patient may specify in the consent periods during which, or situations in which, the patient may not be filmed or taped. If a patient is adjudicated incompetent, the consent shall be granted on behalf of the patient by the patient's guardian. A patient in Goodland Hall at the Mendota Mental Health Institute, or a patient detained or committed under ch. 980 and placed in a facility specified under s. 980.065, may be filmed or taped for security purposes without the patient's consent, except that such a patient may not be filmed in patient bedrooms or bathrooms without the patient's consent unless the patient is engaged in dangerous or disruptive behavior. A treatment activity involving a patient committed or detained under ch. 980 may be filmed or taped if the purpose of the recording is to assess the quality of the treatment activity or to facilitate clinical supervision of the staff involved in the treatment activity.
Section
78
.
54.44 (5m) (title) of the statutes is created to read:
54.44
(5m)
(title)
Participation by interested persons.
Note:
The other subsections in s. 54.44 have titles.
59.10
(3)
(cm) 1. `Number of supervisors; redistricting.' Except as provided in subd. 3, following the enactment of a decennial supervisory district plan under par. (b), the board may decrease the number of supervisors. In that case, the board shall redistrict, readjust, and change the boundaries of supervisory districts, so that the number of districts equals the number of supervisors, the districts are substantially equal in population according to the most recent countywide federal census, the districts are in as compact a form as possible, and the districts consist of contiguous whole wards in existence at the time at which the redistricting plan is adopted. In the redistricting plan, the board shall adhere to the requirements under par. (b) 2.
and 3.
with regard to contiguity and shall, to the extent possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In redistricting under this subdivision, the original numbers of the districts in their geographic outlines, to the extent possible, shall be retained. No plan may be enacted under this subdivision during review of the sufficiency of a petition filed under subd. 2. nor after a referendum is scheduled on such a petition. However, if the electors of the county reject a change in the number of supervisory districts under subd. 2., the board may then take action under this subdivision except as provided in subd. 3. The county clerk shall file a certified copy of any redistricting plan enacted under this subdivision with the secretary of state.
59.35
(5)
A person holding office under this section may also serve as
a
an
emergency medical technician, a first responder, a fire fighter or a chief, deputy chief or assistant chief of a fire department.
Note:
Inserts correct article.
Section
81
.
60.61 (4) (e) of the statutes, as created by
2005 Wisconsin Act 208
, is renumbered 60.61 (4) (f).
Section
82
.
66.0403 (1) (h) of the statutes is amended to read:
66.0403
(1)
(h) "Owner" means at least one owner, as defined under s. 66.0217 (1)
(c)
(d)
, of a property or the personal representative of at least one owner.
Note:
Corrects cross-reference. "Owner" is defined at s. 66.0217 (1) (d).
Section
83
.
70.111 (3m) of the statutes is amended to read:
70.111
(3m)
Charter sport fishing boats.
Motorboats, and the equipment used on them, which are regularly employed in carrying persons for hire for sport fishing in and upon the outlying waters, as defined in s. 29.001 (63), and the rivers and tributaries specified in s.
29.191 (5)
29.2285 (2)
(a) 1. and 2. if the owner and all operators are licensed under s. 29.512 or under s. 29.514 or both and by the U.S. coast guard to operate the boat for that purpose.
71.07
(3w)
(c) 1. If the allowable amount of the claim under this subsection exceeds the taxes otherwise due on the claimant's income under s. 71.02, the amount of the claim that is not used to offset those taxes shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
(cm)
(co)
.
Note:
Section 20.835 (2) (cm), as created by
2005 Wis. Act 361
, is renumbered to s. 20.835 (2) (co) by this bill.
71.08
(1)
Imposition.
(intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd),
(3c), (3e),
(3m), (3n), (3s), (3t), (3w), (5b), (5d), (5e),
(5f),
(6), (6e), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:
Note:
The creation of s. 71.07 (3c) and (3e) was removed from
2005 Wis. Act 361
by the governor's partial veto.
2005 Wis. Act 483
amended this subsection to insert "(5f)," but
2005 Wis. Act 479
repealed and recreated the provision without taking the Act 483 treatment into account.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 25
also created a provision numbered s. 71.10 (5g).
Note:
There is no conflict of substance. As merged by the revisor, s. 71.10 (6) (a) reads:
(a)
Joint returns.
Persons filing a joint return are jointly and severally liable for the tax, interest, penalties, fees, additions to tax and additional assessments under this chapter applicable to the return. Except as provided in par. (e), a person shall be relieved of liability in regard to a joint return in the manner specified in section
6015
(a) to (d) and (f) of the Internal Revenue Code.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.10 (6) (b) reads:
(b)
Separate returns.
Except as provided in par. (e), a spouse filing a separate return may be relieved of liability for the tax, interest, penalties, fees, additions to tax and additional assessments under this chapter in the manner specified in section
66
(c) of the Internal Revenue Code. The department may not apply ch. 766 in assessing a taxpayer with respect to marital property income the taxpayer did not report if that taxpayer failed to notify the taxpayer's spouse about the amount and nature of the income before the due date, including extensions, for filing the return for the taxable year in which the income was derived. The department shall include all of that marital property income in the gross income of the taxpayer and exclude all of that marital property income from the gross income of the taxpayer's spouse.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.10 (6m) (a) reads:
(a) Except as provided in par. (c), a formerly married or remarried person filing a return for a period during which the person was married may be relieved of liability for the tax, interest, penalties, fees, additions to tax and additional assessments under this chapter from that period as if the person were a spouse under section
66
(c) of the Internal Revenue Code. The department may not apply ch. 766 in assessing the former spouse of the person with respect to marital property income that the former spouse did not report if that former spouse failed to notify the person about the amount and nature of the income before the due date, including extensions, for filing the return for the taxable year during which the income was derived. The department shall include all of that marital property income in the gross income of the former spouse and exclude all of that marital property income from the gross income of the person.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.26 (1) (be) reads:
(be)
Certain authorities.
Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Fox River Navigational System Authority, and of the Wisconsin Aerospace Authority.
71.28
(3w)
(c) 1. If the allowable amount of the claim under this subsection exceeds the taxes otherwise due on the claimant's income under s. 71.23, the amount of the claim that is not used to offset those taxes shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
(cm)
(co)
.
Note:
Section 20.835 (2) (cm), as created by
2005 Wis. Act 361
, is renumbered to s. 20.835 (2) (co) by this bill.
71.47
(3w)
(c) 1. If the allowable amount of the claim under this subsection exceeds the taxes otherwise due on the claimant's income under s. 71.43, the amount of the claim that is not used to offset those taxes shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation under s. 20.835 (2)
(cm)
(co)
.
Note:
Section 20.835 (2) (cm), as created by
2005 Wis. Act 361
, is renumbered to s. 20.835 (2) (co) by this bill.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.93 (5) reads:
(5)
Debtor charged for costs.
Each debtor shall be charged for administration expenses, and the amounts charged shall be credited to the department's appropriation under s. 20.566 (1) (h). The department may set off amounts charged to the debtor under this subsection against any refund owed to the debtor, in the manner provided in sub. (3). Annually on or before November 1, the department shall review its costs incurred during the previous fiscal year in administering state agency setoffs and reductions and shall adjust its subsequent charges to each debtor to reflect that experience.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.935 (5) reads:
(5)
Each debtor shall be charged for administration expenses, and the amounts charged shall be credited to the appropriation account under s. 20.566 (1) (h). The department may set off amounts charged to the debtor under this subsection against any refund owed to the debtor, in the manner provided in sub. (3). Annually on or before November 1, the department shall review its costs incurred during the previous fiscal year in administering setoffs and reductions under this section and shall adjust its subsequent charges to each debtor to reflect that experience.
Note:
There is no conflict of substance. As merged by the revisor s. 74.25 (1) (b) 1. reads:
1. Except as provided in subd. 3., pay in full to each taxing jurisdiction within the district all personal property taxes included in the tax roll which have not previously been paid to, or retained by, that taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of personal property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of personal property taxes for each environmental remediation tax incremental district created by the county.
Note:
There is no conflict of substance. As merged by the revisor s. 74.30 (1) (i) reads:
(i) Except as provided in par. (k), pay in full to each taxing jurisdiction within the district all personal property taxes included in the tax roll which have not previously been paid to, or retained by, each taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district and each environmental remediation tax incremental district created by the taxation district its proportionate share of personal property taxes. The taxation district treasurer shall also distribute to the county the proportionate share of personal property taxes for each environmental remediation tax incremental district created by the county.
Section
97
.
76.636 (1) (b) of the statutes, as created by
2005 Wisconsin Act 259
, is renumbered 76.636 (1) (b) (intro.) and amended to read:
76.636
(1)
(b) (intro.) "Development zone" means
a
any of the following:
1. A
development zone under s. 560.70
, a
.
2. A
development opportunity zone under s. 560.795
, an
.
3. An
enterprise development zone under s. 560.797
, or an
.
4. An
agricultural development zone under s. 560.798.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
98
.
76.636 (1) (e) of the statutes, as created by
2005 Wisconsin Act 259
, is renumbered 76.636 (1) (e) (intro.) and amended to read:
76.636
(1)
(e) (intro.) "Member of a targeted group" means
a
any of the following, if the person has been certified in the manner under s. 71.47 (1dj) (am) 3. by a designated local agency, as defined in s. 71.47 (1dj) (am) 2.:
1. A
person who resides in an area designated by the federal government as an economic revitalization area
, a
.
2. A
person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position
, a
.
3. A
person who is employed in a trial job, as defined in s. 49.141 (1) (n)
, a
.
4. A
person who is eligible for child care assistance under s. 49.155
, a
.
5. A
person who is a vocational rehabilitation referral
, an
.
6. An
economically disadvantaged youth
, an
.
7. An
economically disadvantaged veteran
, a
.
8. A
supplemental security income recipient
, a
.
9. A
general assistance recipient
, an
.
10. An
economically disadvantaged ex-convict
, a
.
11. A
qualified summer youth employee, as defined in
26 USC 51
(d) (7)
, a
.
12. A
dislocated worker, as defined in
29 USC 2801
(9)
, or a
.
13. A
food stamp recipient
, if the person has been certified in the manner under s. 71.47 (1dj) (am) 3. by a designated local agency, as defined in s. 71.47 (1dj) (am) 2
.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
99
.
76.636 (4) of the statutes, as created by
2005 Wisconsin Act 259
, is renumbered 76.636 (4) (intro.) and amended to read:
76.636
(4)
Credit precluded
. (intro.) If the certification of a person for tax benefits under s. 560.765 (3), 560.797 (4), or 560.798 (3) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not
claim
do any of the following:
(a) Claim
credits under this section for
any of
the
following:
1. The
taxable year that includes the day on which the certification is revoked
; the
.
2. The
taxable year that includes the day on which the person becomes ineligible for tax benefits
; or succeeding
.
3. Succeeding
taxable years
and that person may not carry
.
(b) Carry
over unused credits from previous years to offset the fees under s. 76.60, 76.63, 76.65, 76.66, or 76.67 for
any of
the
following:
1. The
taxable year that includes the day on which certification is revoked
; the
.
2. The
taxable year that includes the day on which the person becomes ineligible for tax benefits
; or succeeding
.
3. Succeeding
taxable years.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place series in tabular form for consistency with current style and improved readability.
77.52
(2)
(a) 10. Except for services provided by veterinarians and except for installing or applying tangible personal property that, subject to par. (ag), when installed or applied, will constitute an addition or capital improvement of real property, the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of all items of tangible personal property unless, at the time of that
the
repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or maintained would have been exempt to the customer from sales taxation under this subchapter, other than the exempt sale of a motor vehicle or truck body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51 (14r).
juvenile
The tax imposed under this subsection applies to the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of items listed in par. (ag), regardless of whether the installation or application of tangible personal property related to the items is an addition to or a capital improvement of real property, except that the tax imposed under this subsection does not apply to the original installation or the complete replacement of an item listed in par. (ag), if that
the
installation or replacement is a real property construction activity under s. 77.51 (2).
Note:
2005 Wis. Act 149
replaced "such" with "the" in 2 places, and
2005 Wis. Act 344
replaced the same "such" with "that." Act 344 inserted "juvenile" in material that was recreated as s. 77.52 (2) (ag) 39. (intro.). See the next
Section
of this bill.
Section
101
.
77.52 (2) (ag) 39. of the statutes, as created by
2005 Wisconsin Act 149
, is repealed and recreated to read:
77.52
(2)
(ag) 39. Equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i), Type 1 juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities including, by way of illustration but not of limitation, all of the following:
a. Lamps.
b. Chandeliers.
c. Fans.
d. Venetian blinds.
e. Canvas awnings.
f. Office and business machines.
g. Ice and milk dispensers.
h. Beverage-making equipment.
i. Vending machines.
j. Soda fountains.
k. Steam warmers and tables.
L. Compressors.
m. Condensing units and evaporative condensers.
n. Pneumatic conveying systems.
Note:
Corrects numbering errors in
2005 Wis. Act 149
that resulted in there being 3 provisions numbered 77.52 (2) (ag) 39. f. and 3 provisions numbered 77.52 (2) (ag) 39. g. No changes to text are made except that "secured" is replaced with "juvenile" in s. 77.52 (2) (ag) 39. (intro.) to effect a change made by
2005 Wis. Act 344
to s. 77.52 (2) (a) 10. that did not take the treatment by Act 149 into account.
Note:
There is no conflict of substance. As merged by the revisor, s. 77.54 (9a) (a) reads:
(a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, and the Fox River Navigational System Authority.
Note:
There is no conflict of substance. As merged by the revisor, s. 77.82 (4g) (b) reads:
(b) If an owner of land that is designated as managed forest land under an order that takes effect before April 28, 2004, wishes to have designated as managed forest land an additional parcel of land that is at least 3 acres in size, that does not satisfy the requirements in sub. (1), and that is contiguous to any of that designated land, the owner may withdraw the designated land from the original order and may petition the department under sub. (2) for a new order covering both the withdrawn land and the additional land. The withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply to a withdrawal under this paragraph.
Note:
There is no conflict of substance. As merged by the revisor, s. 84.01 (13) reads:
(13)
Engineering services.
The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor. The department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this subsection that involves an estimated expenditure of more than $25,000 in accordance with standards prescribed by rule of the department. The department shall review periodically, and before any renewal, the continued appropriateness of contracting pursuant to each engagement under this subsection that involves an estimated expenditure of more than $25,000.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 238
also created a provision numbered s. 84.1034.
Note:
There is no conflict of substance. As merged by the revisor, s. 95.21 (2) (a) reads:
(a)
Requirement for vaccination.
Except as provided in s. 174.054 or sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 (2) (d), at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 (2) (d), before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination.
95.55
(5)
(bg) 4. Before
to
January 1, 2003, the owner offered for sale the opportunity to hunt as authorized under the license.
Note:
Deletes unnecessary word.
Section
108
.
100.525 (2) (a) (intro.) of the statutes, as created by
2005 Wisconsin Act 261
, is amended to read:
100.525
(2)
(a) (intro.) Obtain, or attempt to obtain, a telephone record that pertains to a customer who is
a
resident of this state, without the customer's consent, by doing any of the following:
Note:
Inserts missing article.
100.54
(1)
(a) "Business day" means a business day, as defined in s. 421.301 (6), that is not a legal holiday under s.
895.20
995.20
or a federal legal holiday.
Note:
Corrects cross-reference. Section 895.20 was renumbered to s. 995.20 by
2005 Wis. Act 155
.
100.54
(8)
(d) A child support agency acting pursuant to 42 USC
651-669b
651 to 669b
.
Note:
Makes citation form consistent with other statutes to allow electronic linking.
Note:
There is no conflict of substance. As merged by the revisor, s. 101.177 (1) (d) reads:
(d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority.
Note:
There is no conflict of substance. As merged by the revisor, s. 102.29 (1) reads:
(1)
The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall not affect the right of the employee, the employee's personal representative, or other person entitled to bring action, to make claim or maintain an action in tort against any other party for such injury or death, hereinafter referred to as a 3rd party; nor shall the making of a claim by any such person against a 3rd party for damages by reason of an injury to which ss. 102.03 to 102.64 are applicable, or the adjustment of any such claim, affect the right of the injured employee or the employee's dependents to recover compensation. The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death. If the department pays or is obligated to pay a claim under s. 102.81 (1), the department shall also have the right to maintain an action in tort against any other party for the employee's injury or death. However, each shall give to the other reasonable notice and opportunity to join in the making of such claim or the instituting of an action and to be represented by counsel. If a party entitled to notice cannot be found, the department shall become the agent of such party for the giving of a notice as required in this subsection and the notice, when given to the department, shall include an affidavit setting forth the facts, including the steps taken to locate such party. Each shall have an equal voice in the prosecution of said claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department. If notice is given as provided in this subsection, the liability of the tort-feasor shall be determined as to all parties having a right to make claim, and irrespective of whether or not all parties join in prosecuting such claim, the proceeds of such claim shall be divided as follows: After deducting the reasonable cost of collection, one-third of the remainder shall in any event be paid to the injured employee or the employee's personal representative or other person entitled to bring action. Out of the balance remaining, the employer, insurance carrier, or, if applicable, uninsured employers fund shall be reimbursed for all payments made by it, or which it may be obligated to make in the future, under this chapter, except that it shall not be reimbursed for any payments made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57, or 102.60. Any balance remaining shall be paid to the employee or the employee's personal representative or other person entitled to bring action. If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer, or department, join in the pressing of said claim and are represented by counsel, the attorney fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court or by the department. A settlement of any 3rd-party claim shall be void unless said settlement and the distribution of the proceeds thereof is approved by the court before whom the action is pending and if no action is pending, then by a court of record or by the department.
Section
113
.
102.29 (4) of the statutes is amended to read:
102.29
(4)
If the employer and the 3rd party are insured by the same insurer, or by the insurers who are under common control, the employer's insurer shall promptly notify the parties in interest and the department. If the employer has assumed the liability of the 3rd party, it shall give similar notice, in default of which any settlement with an injured employee or beneficiary is void. This subsection does not prevent the employer or compensation insurer from sharing in the proceeds of any
3rd party
3rd-party
claim or action, as set forth in sub. (1).
Note:
Corrects spelling.
Note:
There is no conflict of substance. As merged by the revisor, s. 102.81 (2) reads:
(2)
The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all provisions of subch. IV of ch. 16, except 16.753, do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).
Section
115
.
106.52 (3) (am) 1. of the statutes, as affected by
2005 Wisconsin Act 354
, section
6
, is renumbered 106.52 (3) (am) 1. (intro.) and amended to read:
106.52
(3)
(am) 1. (intro.) Subject to subds. 2., 3., and 4., no person may
refuse
do any of the following:
a. Refuse
to permit entrance into, or use of, or otherwise deny the full and equal enjoyment of any public place of accommodation or amusement to a person with a disability or to a service animal trainer because the person with a disability or the trainer is accompanied by a service animal
; charge
.
b. Charge
a person with a disability or a service animal trainer a higher price than the regular rate, including a deposit or surcharge, for the full and equal enjoyment of any public place of accommodation or amusement because the person with a disability or the trainer is accompanied by a service animal
; or directly
.
c. Directly
or indirectly publish, circulate, display, or mail any written communication that the communicator knows is to the effect that entrance into, or use of, or the full and equal enjoyment of any of the facilities of the public place of accommodation or amusement will be denied to a person with a disability or a service animal trainer because the person with a disability or the trainer is accompanied by a service animal or that the patronage of a person with a disability or a service animal trainer is unwelcome, objectionable, or unacceptable because the person with a disability or the trainer is accompanied by a service animal.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
116
.
108.05 (1) (n) (intro.) of the statutes, as affected by
2005 Wisconsin Act 86
, is amended to read:
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, and before January 1, 2006, 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:
2005 Wis. Act 86
inserted "which" without showing it as underscored and deleted "that" without showing it as stricken. No change was intended.
108.068
(8)
The department shall treat a limited liability company that files proof under sub. (7) as a partnership or sole proprietorship under this chapter beginning on the same date that the federal internal revenue service treats the company as a partnership or sole proprietorship for federal tax purposes, except that for benefit purposes the treatment shall apply to benefit years in existence on or beginning on or after the date that the federal internal revenue service treats the company as a partnership or sole proprietorship for federal tax purposes if the benefit year to which the treatment is to be applied has not ended on the date that the department first has notice of a benefit eligibility issue that relates to treatment of that
limited
liability company.
Note:
Inserts "limited" consistent with the treatment of s. 108.068 (2) by
2005 Wis. Act 86
, which inserted language in that provision that was otherwise identical to the language inserted in this provision by Act 86.
Note:
There is no conflict of substance. As merged by the revisor s. 114.135 (2) reads:
(2)
Notice; claim for damages.
In case of any airport landing field or landing and take-off strip, or spaceport or spacecraft launch or landing area, owned by any city, village, town, or county or any union of them, the commission or other body in charge of the operation and control of the airport, landing field, or landing and take-off strip, or spaceport or spacecraft launch or landing area, may prepare and record without charge with the register of deeds plans and specifications showing the protection privileges sought as described in sub. (1). The commission or other body in charge shall send by registered mail with return receipt to each owner at his or her last-known address a notice stating that the plans and specifications have been recorded with the register of deeds' office, stating the county, time of recording, the record number, and a brief description of the parcel of land or interest therein affected. If the address of the owner cannot be ascertained or the registered letter is returned unclaimed, notice shall be sent by registered mail to the person in possession of the premises. If no person is in possession, then the notice shall be posted in a conspicuous place on the land involved and published as a class 3 notice, under ch. 985, in the area affected. The right of the owner to claim for damages for the protection regulations imposed in the plans and specifications, or the removal of obstructions shall be forever barred, unless the owner files a claim for damages with the commission or other body in charge within 6 months from the receipt of the notice from the commission, or other body in charge, or the posting and last publication. The claim shall be verified and shall state the amount of damages claimed. The commission or other body in charge may pay the damages, if it has available funds, and the payment shall operate as a conveyance. If no claims for payment are filed or if payment is made, the commission or other body in charge shall file an affidavit for each parcel involved setting forth the rights acquired which shall be recorded by the register of deeds without charge and when so recorded has the same effect as any recorded instrument. If any owner is a minor or is adjudicated incompetent, the notice may be sent by registered mail to the owner's guardian, if he or she has one, and if there is none the circuit court of the county in which the land, or a larger part, is located shall upon application of the commission or other body in charge appoint a guardian to receive the notice, and to protect the rights of the owner. Any funds payable to the owner shall be cared for in the manner provided in ch. 54. If the commission or other body in charge determines that the damages claimed are excessive, it shall so report to the governing body that established the airport, landing field or landing and take-off strip, or spaceport or spacecraft launch or landing area, in question and with its consent may acquire in the name of the governmental body the protection privilege desired in the manner set forth in sub. (1) or it may deposit with the county clerk an award and notify the owner of the land involved in the method specified in this subsection. The landowner may accept the award without prejudice to his or her right to claim and contest for a greater sum. The landowner may, within a period of 6 months after notice of the award, proceed as provided in ch. 32 to have the damages appraised.
Section
119
.
115.76 (14) of the statutes, as affected by
2005 Wisconsin Act 258
, is renumbered 115.76 (14) (a) (intro.) and amended to read:
115.76
(14)
(a) (intro.) "Related services" means transportation and such developmental, corrective
,
and other supportive services
(
as may be required to assist a child with a disability to benefit from special education,
including
speech-language
all of the following:
1. Speech-language
pathology and audiology services
; interpreting
.
2. Interpreting
services
; psychological
.
3. Psychological
services
; physical
.
4. Physical
and occupational therapy
; recreation
.
5. Recreation
, including therapeutic recreation
; social
.
6. Social
work services
; school
.
7. School
nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child's individualized education program
; counseling
.
8. Counseling
services, including rehabilitative counseling
; orientation
.
9. Orientation
and mobility services
; medical
.
10. Medical
services for diagnostic and evaluative purposes only
; and the
.
11. The
early identification and assessment of disabling conditions in children
) as may be required to assist a child with a disability to benefit from special education
.
(b)
"Related services" does not include a medical device that is surgically implanted or the replacement of such a device.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form and to allow removal of parentheses for consistency with current style and improved readability.
118.07
(3)
The department shall make available to school districts, private schools, and charter schools information about meningococcal disease, including the causes and symptoms of the disease, how it is spread, and how to obtain additional information about the disease and the availability, effectiveness, and risks of vaccinations against the disease. The department may do so by posting the information on its Internet site. At the beginning of the 2006-07 to 2011-12 school years, each school board and the governing body of each private school and each charter school shall provide the parents and guardians of pupils enrolled in grades 6 to 12 in the school district or school with the information. At the beginning of the
2012
2012-13
school year and each school year thereafter, each school board and the governing body of each private school and each charter school shall provide the parents and guardians of pupils enrolled in grade 6 in the school district or school with the information.
Note:
Corrects form of reference to school year.
118.13
(1)
Except as provided in s. 120.13
(38)
(37m)
, no person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.
Note:
Section 120.13 (38), as created by
2005 Wis. Act 346
, is renumbered s. 120.13 (37m) by this bill.
119.04
(1)
Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
(37m),
and (38), 120.14, and 120.25 are applicable to a 1st class city school district and board.
Note:
2005 Wis. Acts 290
and
346
both created provisions numbered s. 120.13 (38) and added cross-references to this provision. Section 120.13 (38), as created by
2005 Wis. Act 346
, is renumbered s. 120.13 (37m) by this bill.
119.22
Sex discrimination in physical education or physical training prohibited.
Except as provided in s. 120.13
(38)
(37m)
, courses in physical education or physical training may not discriminate on the basis of sex in the provision of necessary facilities, equipment, instruction or financial support, or the opportunity to participate in any physical education or training activity as provided in
20 USC 1681
et seq.
Note:
Section 120.13 (38), as created by
2005 Wis. Act 346
, is renumbered s. 120.13 (37m) by this bill.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 290
also created a provision numbered s. 120.13 (38).
Section
125
.
138.052 (8) of the statutes is amended to read:
138.052
(8)
This section does not apply to a loan insured, or committed to be insured, or secured by mortgage or trust deed insured by the U.S. secretary of housing and urban development, insured, guaranteed or committed to be insured or guaranteed under 38 USC
1801 to 1827
3701 to 3727
or insured or committed to be insured under
7 USC 1921
to
1995
.
Section
126
.
153.05 (2r) (intro.) of the statutes, as created by
2005 Wisconsin Act 228
, section
20
, is amended to read:
153.05
(2r)
(intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract jointly with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As
a
condition of the contract under this subsection, all of the following apply:
Note:
Inserts missing article.
Section
127
.
153.05 (2r) (intro.) of the statutes, as affected by
2005 Wisconsin Act 228
, section
20m
, is amended to read:
153.05
(2r)
(intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract jointly with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As
a
condition of the contract under this subsection, all of the following apply:
Note:
Inserts missing article.
Section
128
.
165.72 (1) (e) of the statutes is renumbered 165.72 (1) (bt) and amended to read:
165.72
(1)
(bt) "
Secure
Juvenile
detention officer" has the meaning given in s. 165.85 (2)
(f)
(bt)
.
Note:
2005 Wis. Act 344
renumbered s. 165.85 (2) (f) to be s. 165.85 (2) (bt) and replaced "secured" with "juvenile" in that provision.
Section
129
.
165.72 (4) of the statutes is amended to read:
165.72
(4)
Payment limitations.
A reward under sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer,
secure
juvenile
detention officer, pharmacist
,
or department employee.
Note:
See previous
Section
, which changes term used in s. 165.72 from "secure detention officer" to "juvenile detention officer."
Note:
There is no conflict of substance. As merged by the revisor, s. 165.76 (1) (a) reads:
(a) Is in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision, or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085.
Section
131
.
165.85 (1) of the statutes is amended to read:
165.85
(1)
Findings and policy.
The legislature finds that the administration of criminal justice is of statewide concern, and that law enforcement work is of vital importance to the health, safety
,
and welfare of the people of this state and is of such a nature as to require training, education
,
and the establishment of standards of a proper professional character. The public interest requires that these standards be established and that this training and education be made available to persons who seek to become law enforcement, tribal law enforcement, jail or
secure
juvenile
detention officers, persons who are serving as these officers in a temporary or probationary capacity
,
and persons already in regular service.
Note:
2003 Wis. Act 344
changed the defined term "secure detention officer" to "juvenile detention officer" for purposes of ss. 165.85 and 165.86, but failed to change various usages of that defined term throughout ss. 165.85 and 165.86. This
Section
and the next 11
Sections
other than
Section
134 change "secure detention officer" to "juvenile detention officer" wherever found in ss. 165.85 and 165.96.
Section
132
.
165.85 (3) (c) of the statutes is amended to read:
165.85
(3)
(c) Except as provided under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement, tribal law enforcement, jail or
secure
juvenile
detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.
Section
133
.
165.85 (3) (cm) of the statutes is amended to read:
165.85
(3)
(cm) Decertify law enforcement, tribal law enforcement, jail or
secure
juvenile
detention officers who terminate employment or are terminated, who violate or fail to comply with a rule or order of the board relating to curriculum or training, who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses
,
or other expenses related to the support of a child or former spouse
,
or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses
,
or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings shall be done as provided under sub. (3m) (a).
Note:
There is no conflict of substance. As merged by the revisor s. 165.85 (3) (d) reads:
(d) Establish minimum curriculum requirements for preparatory courses and programs, and recommend minimum curriculum requirements for recertification and advanced courses and programs, in schools operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in areas of knowledge and ability necessary to the attainment of effective performance as an officer, and ranging from subjects such as first aid, patrolling, statutory authority, techniques of arrest, protocols for official action by off-duty officers, firearms, and recording custodial interrogations, to subjects designed to provide a better understanding of ever-increasing complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, control, and maintenance of a jail or juvenile detention facility. The board shall appoint a 13-member advisory curriculum committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with the director of training of the Wisconsin state patrol. This committee shall advise the board in the establishment of the curriculum requirements.
Section
135
.
165.85 (4) (ap) of the statutes is amended to read:
165.85
(4)
(ap) Jail officers serving under permanent appointment prior to July 2, 1983, are not required to meet any requirement of pars. (b) and (c) as a condition of tenure or continued employment as either a jail officer or a
secure
juvenile
detention officer. The failure of any such officer to fulfill those requirements does not make that officer ineligible for any promotional examination for which he or she is otherwise eligible. Any such officer may voluntarily participate in programs to fulfill those requirements.
Section
136
.
165.85 (4) (at) of the statutes is amended to read:
165.85
(4)
(at) Any person certified as a jail officer on July 1, 1994, is certified as a
secure
juvenile
detention officer and remains certified as a
secure
juvenile
detention officer subject to annual recertification requirements under par. (bn) 3. and the board's decertification authority under sub. (3) (cm).
Section
137
.
165.85 (4) (b) 3. of the statutes is amended to read:
165.85
(4)
(b) 3. No person may be appointed as a
secure
juvenile
detention officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of
secure
juvenile
detention officer training approved by the board and has been certified by the board as being qualified to be a
secure
juvenile
detention officer. The program shall include at least 120 hours of training. The training program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled
,
or alcohol or drug abusers. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board.
Secure
Juvenile
detention officer training programs including municipal, county
,
and state programs meeting standards of the board shall be acceptable as meeting these training requirements.
Section
138
.
165.85 (4) (bn) 3. (intro.) of the statutes is amended to read:
165.85
(4)
(bn) 3. (intro.) No person may continue as a
secure
juvenile
detention officer, except on a temporary or probationary basis, unless that person completes annual recertification training. The officer shall complete at least 24 hours each fiscal year beginning in the later of the following:
Section
139
.
165.85 (4) (c) of the statutes is amended to read:
165.85
(4)
(c) In addition to the requirements of pars. (b) and (bn), the board may, by rule, fix such other minimum qualifications for the employment of law enforcement, tribal law enforcement, jail or
secure
juvenile
detention officers as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail or
secure
juvenile
detention officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements.
Section
140
.
165.85 (4) (dm) of the statutes is amended to read:
165.85
(4)
(dm) The board may provide, by rule, that parts of the jail officer preparatory training and the
secure
juvenile
detention officer preparatory training are identical and count toward either training requirement.
Section
141
.
165.85 (5) (a) of the statutes is amended to read:
165.85
(5)
(a) The board may authorize and approve law enforcement, jail or
secure
juvenile
detention officer training programs conducted by an agency of a political subdivision or an agency of the state when their programs meet the standards required by the board. No authority granted in this paragraph extends to the board selecting a site for a state police, jail or
secure
juvenile
detention officer academy and expending funds thereon without further legislation.
Section
142
.
165.85 (5) (b) of the statutes is amended to read:
165.85
(5)
(b) The board shall authorize the reimbursement to each political subdivision of approved expenses incurred by officers who satisfactorily complete training at schools certified by the board. Reimbursement of these expenses for law enforcement officer, jail officer and
secure
juvenile
detention officer preparatory training shall be for approved tuition, living
,
and travel expenses for the first 400 hours of law enforcement preparatory training and for the first 120 hours of jail or
secure
juvenile
detention officer preparatory training. Reimbursement of approved expenses for completion of annual recertification training under sub. (4) (bn) shall include at least $160 per officer thereafter. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department of justice.
Section
143
.
165.86 (2) (a) of the statutes is amended to read:
165.86
(2)
(a) Identify and coordinate all preparatory and recertification training activities in law enforcement in the state, and expand the coordinated program to the extent necessary to supply the training required for all recruits in the state under the preparatory training standards and time limits set by the board and for law enforcement officers, jail officers and
secure
juvenile
detention officers in this state.
167.31
(2)
(d) Except as provided in sub. (4) (a),
(bg),
(cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.
Note:
See the note to the next
Section
of this bill.
Section
145
.
167.31 (4) (bg) of the statutes is created to read:
167.31
(4)
(bg) 1. Subsection (2) (a), (b), (c), and (d) does not apply to a state employee or agent, or to a federal employee or agent, who is acting within the scope of his or her employment or agency, who is authorized by the department of natural resources to take animals in the wild for the purpose of controlling the spread of disease in animals and who is hunting in an area designated by the department of natural resources as a chronic wasting disease eradication zone, except that this subdivision does not authorize the discharge of a firearm or the shooting of a bolt or arrow from a bow or crossbow across a state trunk highway, county trunk highway, or paved town highway.
1g. Subsection (2) (b) and (c) does not apply to a landowner, a family member of the landowner, or an employee of the landowner who is using a firearm, bow, or crossbow to shoot wild animals from a farm tractor or an implement of husbandry on the landowner's land that is located in an area designated by the department of natural resources as a chronic wasting disease eradication zone.
2. This paragraph does not apply after June 30, 2010.
Note:
2005 Wis. Act 253
repealed s. 167.31 (4) (bg) due to the fact that the sunset date of June 30, 2004 had passed and the provision was of no effect. However,
2005 Wis. Act 286
amended the sunset date in subd. 2. from June 30, 2004, to June 30, 2010, reviving the provision. The provision is in the printed statutes.
167.31
(4)
(bt) 3. The vehicle is not an all-terrain vehicle, as defined in s. 340.01
(2) (g)
(2g)
.
Note:
Corrects cross-reference. "All-terrain vehicle" is defined in s. 340.01 (2g). There is no s. 340.01 (2) (g).
Section
147
.
220.02 (2) (g) of the statutes, as created by
2005 Wisconsin Act 215
, is renumbered 220.02 (2) (i).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 158
also created a provision numbered s. 220.02 (2) (g).
Section
148
.
220.02 (2) (h) of the statutes, as created by
2005 Wisconsin Act 215
, is renumbered 220.02 (2) (g).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 158
created an identical provision numbered s. 220.02 (2) (g).
Note:
There is no conflict of substance. As merged by the revisor, s. 230.03 (3) reads:
(3)
"Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.
Section
150
.
234.59 (3) (d) of the statutes, as affected by
2005 Wisconsin Act 75
, section
24
, is renumbered 234.59 (3) (e).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wisconsin Act 75
, section
24
, renumbered s. 234.59 (3) (e) to s. 234.59 (3) (d) and
2005 Wisconsin Act 75
, section
23d
, created a separate provision numbered s. 234.59 (3) (d).
252.05
(4)
Reports under subs. (1) and (2) shall state so far as known the name, sex, age, and residence of the person, the communicable disease and other facts the department or local health officer requires. Report forms, including forms appropriate for reporting under s. 95.22
(1m)
, may be furnished by the department and distributed by the local health officer.
Note:
Inserts correct cross-reference. There is no s. 95.22 (1m).
252.15
(5)
(a) 11. To a person, including a person exempted from civil liability under the conditions specified under s. 895.48
,
895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim, if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for disclosure.
Note:
Inserts missing comma.
252.15
(5m)
(a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48
,
895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c) or (d).
Note:
Inserts missing comma.
Section
154
.
254.61 (3m) (c) of the statutes, as created by
2005 Wisconsin Act 348
, is renumbered 254.61 (3m) (c) (intro.) and amended to read:
254.61
(3m)
(c) (intro.) The event is sponsored by
a
any of the following:
1. A
church
;
.
2. A
religious, fraternal, youth, or patriotic organization or service club
;
.
3. A
civic organization
;
.
4. A
parent-teacher organization
;
.
5. A
senior citizen center or organization
; or
.
6. An
adult day care center.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
281.48
(4g)
Rules on servicing.
The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private sewage systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or a license
excemption
exemption
under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of private sewage systems serviced and the volume of septage disposed of and location of that disposal.
Note:
Corrects spelling. The correct spelling is shown in the printed statutes.
Note:
There is no conflict of substance. As merged by the revisor s. 301.03 (19) reads:
(19)
Subject to sub. (20), work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g).
Section
157
.
301.12 (14) (a) of the statutes is amended to read:
301.12
(14)
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes,
child caring institutions
residential care centers for children and youth
and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.
Note:
The term "child caring institution" was changed to "residential care center for children and youth" by
2001 Wis. Act 59
.
Note:
There is no conflict of substance. As merged by the revisor, s. 301.26 (4) (d) 2. reads:
2. Beginning on July 1, 2005, and ending on June 30, 2006, the per person daily cost assessment to counties shall be $203 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $203 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $234 for care in a residential care center for children and youth, $157 for care in a group home for children, $47 for care in a foster home, $83 for care in a treatment foster home, $81 for departmental corrective sanctions services, and $32 for departmental aftercare services.
Note:
There is no conflict of substance. As merged by the revisor, s. 301.26 (4) (d) 3. reads:
3. Beginning on July 1, 2006, and ending on June 30, 2007, the per person daily cost assessment to counties shall be $209 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $209 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $244 for care in a residential care center for children and youth, $163 for care in a group home for children, $50 for care in a foster home, $87 for care in a treatment foster home, $82 for departmental corrective sanctions services, and $33 for departmental aftercare services.
Note:
There is no conflict of substance. As merged by the revisor, s. 341.135 (1) reads:
(1)
Design.
Every 10th year, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13, and 341.14 (6r) (c) to (e). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable during each 10-year design interval. Except as provided in ss. 341.13 (2r) and 341.14 (1), each registration plate issued under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each 10-year design interval shall be of the design established under this subsection. The department may not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54., or 55. until July 1, 2010. Except for registration plates issued under s. 341.14 (6r) (f) 53., 54., or 55., the first design cycle for registration plates issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am) began July 1, 2000.
Note:
There is no conflict of substance. As merged by the revisor, s. 341.135 (2) (a) 2. reads:
2. Notwithstanding s. 341.13 (3), beginning with registrations initially effective on July 1, 2010, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) or 341.26 (2) or (3) (a) 1. or (am), or to renew the registration of a vehicle under those sections for which a registration plate has not been issued during the previous 10 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 10-year period under sub. (1).
Note:
There is no conflict of substance. As merged by the revisor, s. 341.135 (2) (am) reads:
(am) Notwithstanding s. 341.13 (3) and (3m), beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), except s. 341.14 (6r) (f) 53., 54., or 55., or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). This paragraph does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats. This paragraph does not apply after June 30, 2010.
Note:
There is no conflict of substance. As merged by the revisor, s. 341.135 (2) (e) reads:
(e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) after July 1, 2010.
Section
164
.
341.14 (6r) (b) 9. of the statutes, as created by
2005 Wisconsin Act 260
, is renumbered 341.14 (6r) (b) 9m., and 341.14 (6r) (b) 9m. (intro.), as renumbered, is amended to read:
341.14
(6r)
(b) 9m. (intro.) An additional fee of $25 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f)
56
55m
. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f)
56
55m
. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. All moneys received under this subdivision, in excess of $43,600 for the initial costs of production of the special group plate under par. (f)
56
55m
., shall be deposited in the general fund and credited as follows:
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 25
also created a provision numbered 341.14 (6r) (b) 9. Section 341.14 (6r) (f) 56., as created by
2005 Wis. Act 260
, is renumbered s. 341.14 (6r) (f) 55m. by this bill.
341.14
(6r)
(c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. The department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System before specifying the word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify the special group under par. (f) 50., the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55.
and
, the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s., and the department of tourism and chief executive officer of the organization specified in par. (f)
56
55m
. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f)
56
55m
. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.
Note:
Deletes unnecessary word. Section 341.14 (6r) (f) 56., as created by
2005 Wis. Act 260
, is renumbered s. 341.14 (6r) (f) 55m. by this bill.
Section
166
.
341.14 (6r) (f) 56. of the statutes, as created by
2005 Wisconsin Act 260
, is renumbered 341.14 (6r) (f) 55m.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 25
also created a provision numbered 341.14 (6r) (f) 56.
341.14
(6r)
(fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 19m., 49d., 49h., 49s., 54., 55.,
55m.,
56 and 57.
Note:
2005 Wis. Act 25
, s.
2247r
inserted "19m."
2005 Wis. Act 109
stated that it amended 341.14 (6r) (fm) 7. as affected by Act 25, s. 2247r., but it did not include "19m.", although
2005 Wis. Act 199
did. Acts 25 and 260 both created provisions numbered 341.14 (6r) (fm) 56. This bill renumbers 341.14 (6r) (fm) 56., as created by
2005 Wis. Act 260
, to 341.14 (6r) (fm) 55m.
Section
168
.
343.06 (1) (L) of the statutes, as created by
2005 Wisconsin Act 387
, is renumbered 343.06 (1) (m).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 126
also created a provision numbered s. 343.06 (1) (L).
343.07
(7)
Penalty for restriction violations
. (a) Notwithstanding s. 343.43 (1) (d) and (3m), any person who violates sub.
(1)
(1g)
(a), (bm), or (d) or (4) (b) 1. or 2. shall be required to forfeit $50 for the first offense and not less than $50 nor more than $100 for each subsequent offense.
(b) Upon receiving notice of a person's conviction for a violation of sub.
(1)
(1g)
(a), (bm), or (d) or (4) (b) 1. or 2., the department shall notify any adult sponsor who has signed for the person under s. 343.15 (1) of the conviction.
Section
170
.
343.16 (1) (b) 3. (intro.) and b. of the statutes are amended to read:
343.16
(1)
(b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party
tester
by one of the following means:
b. The department shall retest a sample of drivers who were examined by the 3rd-party
tester
to compare the pass and fail results.
Note:
Inserts missing term.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 397
renumbered s. 343.61 (6) to also be s. 343.71 (5).
Section
172
.
346.65 (2) (bm) and (cm) of the statutes, as created by
2005 Wisconsin Act 389
, are amended to read:
346.65
(2)
(bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par.
(b)
(am) 2.
, but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.
(cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par.
(c)
(am) 3.
, but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.
Note:
Inserts correct cross-references. Section 346.65 (2) (a) to (e) was renumbered s. 346.65 (2) (am) 1. to 5. by
2005 Wis. Act 149
.
Section
173
.
346.65 (2j) (bm) and (cm) of the statutes, as created by
2005 Wisconsin Act 389
, are amended to read:
346.65
(2j)
(bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par.
(b)
(am) 2.
, but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
(cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par.
(c)
(am) 3.
, but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
Note:
Inserts correct cross-references. Section 346.65 (2j) (a) to (c) was renumbered s. 346.65 (2j) (am) 1. to 3. by
2005 Wis. Act 149
.
Note:
There is no conflict of substance. As merged by the revisor, effective 6-1-2006, s. 347.50 (1) reads:
(1)
Any person violating ss. 347.35 to 347.49, except s. 347.385 (5), s. 347.413 (1) or s. 347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or (4) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.
Note:
There is no conflict of substance. As merged by the revisor, s. 348.21 (3) (intro.) reads:
(3)
Except as provided in sub. (3g), any person violating s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17 (3) or (5) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:
Section
176
.
348.21 (3) (b) 1. of the statutes is renumbered 348.21 (3) (b) 1. (intro.) and amended to read:
348.21
(3)
(b) 1. (intro.) For the first conviction, a forfeiture of not less than $50 nor more than $200 plus an amount equal to
: 1
whichever of the following applies:
a. One
cent for each pound of total excess load when the total excess is not over 2,000 pounds
; 2
.
b. Two
cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds
; 3
.
c. Three
cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds
; 5
.
d. Five
cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds
; 7
.
e. Seven
cents for each pound of total excess load if the excess is over 5,000 pounds.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
177
.
348.21 (3) (b) 2. of the statutes is renumbered 348.21 (3) (b) 2. (intro.) and amended to read:
348.21
(3)
(b) 2. (intro.) For the 2nd and each subsequent conviction within a 12-month period, a forfeiture of not less than $100 nor more than $300, plus an amount equal to
: 2
whichever of the following applies:
a. Two
cents for each pound of total excess load when the total excess is not over 2,000 pounds
; 4
.
b. Four
cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds
; 6
.
c. Six
cents for each pound of total excess load if the excess is over 3,000 and not over 4,000 pounds
; 8
.
d. Eight
cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds
; 10
.
e. Ten
cents for each pound of total excess load if the excess is over 5,000 pounds.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
178
.
348.21 (3g) (intro.) of the statutes, as created by
2005 Wisconsin Act 167
, is amended to read:
348.21
(3g)
(intro.) Any person who, while operating a vehicle combination that has 6 or more axles and that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized
under s. 348.17 (4) or
in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:
Section
179
.
348.21 (3g) (intro.) of the statutes, as affected by
2005 Wisconsin Act 167
, section
7
, is amended to read:
348.21
(3g)
(intro.) Any person who, while operating a vehicle combination that has 6 or more axles and that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or authorized
under s. 348.17 (4) or
in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:
Section
180
.
348.21 (3g) (a) of the statutes, as created by
2005 Wisconsin Act 167
, is renumbered 348.21 (3g) (a) (intro.) and amended to read:
348.21
(3g)
(a) (intro.) For a first conviction or a 2nd conviction within a 12-month period, a forfeiture of not less than $150 nor more than $250 plus an amount equal to
: 6
whichever of the following applies:
1. Six
cents for each pound of total excess load when the total excess is less than 2,000 pounds
; 8
.
2. Eight
cents for each pound of total excess load if the excess is 2,000 pounds or more and not over 3,000 pounds
; 9
.
3. Nine
cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds
; 10
.
4. Ten
cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds
; 11
.
5. Eleven
cents for each pound of total excess load if the excess is over 5,000 pounds.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
181
.
348.21 (3g) (b) of the statutes, as created by
2005 Wisconsin Act 167
, is renumbered 348.21 (3g) (b) (intro.) and amended to read:
348.21
(3g)
(b) (intro.) For the 3rd and each subsequent conviction within a 12-month period, a forfeiture of not less than $500 nor more than $550, plus an amount equal to
: 20
whichever of the following applies:
1. Twenty
cents for each pound of total excess load when the total excess is 3,000 pounds or less
; 21
.
2. Twenty-one
cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds
; 22
.
3. Twenty-two
cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds
; 23
.
4. Twenty-three
cents for each pound of total excess load if the excess is over 5,000 pounds.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
182
.
402.318 (title) of the statutes is amended to read:
402.318
(title)
Third party
Third-party
beneficiaries of warranties, express or implied.
Note:
Corrects spelling.
Section
183
.
440.142 (2) of the statutes, as affected by
2005 Wisconsin Act 198
, is renumbered 450.145 (1m) and amended to read:
450.145
(1m)
Except as provided in
s. 450.145
sub.
(2), a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).
Note:
The remainder of s. 440.142 was renumbered to s. 450.145.
Section
184
.
Subchapter XI of chapter 440 [precedes 440.980] of the statutes, as created by
2005 Wisconsin Act 292
, is renumbered subchapter XII of chapter 440 [precedes 440.9805].
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b). Subchapter VII of chapter 440, as created by
2005 Wis. Act 25
, was renumbered subchapter XI of chapter 440 by the revisor under s. 13.93 (1) (b).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b). Section 440.70 as created by
2005 Wis. Act 25
, was renumbered 440.98 by the revisor under s. 13.93 (1) (b).
Section
186
.
Subchapter XII of chapter 440 [precedes 440.99] of the statutes is renumbered subchapter XIII of chapter 440 [precedes 440.99].
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b). Subchapter XII of chapter 440 is renumbered subchapter XIII of chapter 440 to accommodate the renumbering of subchapter XI of chapter 440 by this bill.
441.15
(2)
(intro.) Except as provided in sub. (2m)
and
s. 250.042 (4) (b), no person may engage in the practice of nurse-midwifery unless each of the following conditions is satisfied:
Note:
Inserts "and" required by the merger of the treatments of s. 441.15 (2) (intro.) by
2005 Wis. Acts 96
and
292
.
441.15
(2m)
Subsection (2) does not apply to a person granted a license to practice midwifery under subch.
XI
XII
of ch. 440.
Note:
Subchapter XI of chapter 440, as created by
2005 Wis. Act 477
, is renumbered to subchapter XII of chapter 440 by this bill.
448.03
(2)
(a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch.
XI
XII
of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, or as otherwise provided by statute.
Note:
Subchapter XI of chapter 440, as created by
2005 Wis. Act 292
, is renumbered to subchapter XII of chapter 440 by this bill.
Section
190
.
448.08 (3) of the statutes is amended to read:
448.08
(3)
Billing for tests performed by the state laboratory of hygiene.
A person other than a state or local government agency who charges a patient, other person or
3rd party
3rd-party
payer for services performed by the state laboratory of hygiene shall identify the actual amount charged by the state laboratory of hygiene and shall restrict charges for those services to that amount.
Note:
Corrects spelling.
Section
191
.
449.18 (8) of the statutes is renumbered 449.18 (6) (cm).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 297
changed cross-references to s. 449.18 (8) to s. 449.18 (6) (cm), but did not treat s. 449.18 (8).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 196
also created a provision numbered s. 450.11 (4m).
Section
193
.
452.135 (2) (a) (intro.) of the statutes, as affected by
2005 Wisconsin Act 87
, is amended to read:
452.135
(2)
(a) (intro.) Except as provided in
sub.
par.
(b), a broker shall provide to a client a copy of the following written disclosure statement not later than the time the broker enters into an agency agreement with the client:
Note:
Corrects cross-reference. The cross-reference is shown correctly in the printed statutes.
Section
194
.
560.275 (2) (c) of the statutes, as affected by
2005 Wisconsin Act 97
, is amended to read:
560.275
(2)
(c)
Bridge grants and loans.
The department may make a grant or loan from the appropriation under s. 20.143 (1) (c) or (ie) to a person who has received early stage financing from 3rd parties or a grant from the federal government to fund early stage research and development and who has sought additional early stage financing from 3rd parties or applied for an additional grant from the federal government to fund early stage research and development. A grant or loan under this paragraph shall be for the purpose of funding professional activities necessary to maintain the project research and management team and funding basic operations until the applicant's additional
3rd party
3rd-party
financing request or federal grant application is approved or denied.
Note:
Corrects spelling.
560.799
(1)
(bm) 1. A business' employees in
a economic
an enterprise
zone.
Note:
Inserts correct term consistent with the remainder of
2005 Wis. Act 361
. Inserts correct article after governor's partial veto.
705.04
(2)
(intro.) If the account is a P.O.D. account, on the death of the original payee or the survivor of 2 or more original payees,
54
all of the following apply:
705.04
(2)
(f) Payment may be made to a minor P.O.D. beneficiary only in accordance with a procedure approved under ch.
880
54
.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 206
renumbered s. 705.20 to s. 705.10.
Section
199
.
752.03 (3) of the statutes is repealed.
Note:
Repeals obsolete transition provision.
Section
200
.
752.03 (4) of the statutes is renumbered 752.03 and amended to read:
752.03
Number of judges.
Beginning on August 1, 1994, there
There
shall be 16 court of appeals judges. Three judges shall be elected from the district specified in s. 752.17, 4 judges shall be elected from each of the 2 districts specified in ss. 752.13 and 752.15 and 5 judges shall be elected from the district specified in s. 752.19.
Note:
As a result of the repeal of ss. 752.03 (3) by this bill, this provision does not have multiple subsections. Obsolete transition language is deleted.
Note:
There is no conflict of substance. As merged by the revisor, s. 767.41 (1) (a), as renumbered from s. 767.05 (2) by
2005 Wis. Act 443
, reads:
(a) Subject to ch. 822, the question of a child's custody may be determined as an incident of any action affecting the family or in an independent action for custody. The effect of any determination of a child's custody is not binding personally against any parent or guardian unless the parent or guardian has been made personally subject to the jurisdiction of the court in the action as provided under ch. 801 or has been notified under s. 822.08, as provided in s. 822.06. Nothing in this chapter may be construed to foreclose a person other than a parent who has physical custody of a child from proceeding under ch. 822.
767.80
(2)
(title)
Certain agreements not
A
a
bar to action.
Note:
Corrects capitalization.
Section
203
.
801.14 (3) of the statutes is amended to read:
801.14
(3)
In any action in which there are unusually large numbers of defendants, the court, upon motion or on its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any
cross-claim
cross claim
, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
Note:
Corrects spelling.
802.01
(1)
Pleadings.
There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a
cross-claim
cross claim
, if the answer contains a
cross-claim
cross claim
; a 3rd-party complaint, if a person who was not an original party is summoned under s. 803.05, and a 3rd-party answer, if a 3rd-party complaint is served. No other pleading shall be allowed, except that the court may order a further pleading to a reply or to any answer.
Note:
Corrects spelling.
Section
205
.
802.04 (1) of the statutes is amended to read:
802.04
(1)
Caption.
Every pleading shall contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a designation as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains
cross-claims
cross claims
or counterclaims, the designation in the caption shall state their existence. In the complaint the caption of the action shall include the standardized description of the case classification type and associated code number as approved by the director of state courts, and the title of the action shall include the names and addresses of all the parties, indicating the representative capacity, if any, in which they sue or are sued and, in actions by or against a corporation, the corporate existence and its domestic or foreign status shall be indicated. In pleadings other than the complaint, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Every pleading commencing an action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s. 814.61 (3) shall contain in the caption, if the action includes a claim for a money judgment, a statement of whether the amount claimed is greater than the amount under s. 799.01 (1) (d).
Note:
Corrects spelling.
Section
206
.
802.06 (1) of the statutes, as affected by Supreme Court Order 03-06 and
2005 Wisconsin Act 442
, is amended to read:
802.06
(1)
When presented.
Except when a court dismisses an action or special proceeding under s. 802.05 (4), a defendant shall serve an answer within 20 days after the service of the complaint upon the defendant. If a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 20 days after appointment to serve the answer. A party served with a pleading stating a
cross-claim
cross claim
against the party shall serve an answer thereto within 20 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer. The state or an agency of the state or an officer, employee, or agent of the state shall serve an answer to the complaint or to a
cross-claim
cross claim
or a reply to a counterclaim within 45 days after service of the pleading in which the claim is asserted. If any pleading is ordered by the court, it shall be served within 20 days after service of the order, unless the order otherwise directs. If a defendant in the action is an insurance company, or if any cause of action raised in the original pleading,
cross-claim
cross claim
, or counterclaim is founded in tort, the periods of time to serve a reply or answer shall be 45 days. The service of a motion permitted under sub. (2) alters these periods of time as follows, unless a different time is fixed by order of the court: if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; or if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.
Note:
Corrects spelling.
Section
207
.
802.06 (2) (a) (intro.) of the statutes is amended to read:
802.06
(2)
(a) (intro.) Every defense, in law or fact, except the defense of improper venue, to a claim for relief in any pleading, whether a claim, counterclaim,
cross-claim
cross claim
, or 3rd-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:
Note:
Corrects spelling.
Section
208
.
802.07 (title) of the statutes is amended to read:
802.07
(title)
Counterclaim and
cross-claim
cross claim
.
Note:
Corrects spelling.
Section
209
.
802.07 (4) and (5) of the statutes are amended to read:
802.07
(4)
Joinder of additional parties.
Persons other than those made parties to the original action may be made parties to a counterclaim or
cross-claim
cross claim
in accordance with ss. 803.03 to 803.05.
(5)
Separate trials; separate judgments.
If the court orders separate trials as provided in s. 805.05 (2), judgment on a counterclaim or
cross-claim
cross claim
may be rendered in accordance with s. 806.01 (2) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
Note:
Corrects spelling.
802.08
(1)
Availability.
A party may, within 8 months of the filing of a summons and complaint or within the time set in a scheduling order under s. 802.10, move for summary judgment on any claim, counterclaim,
cross-claim
cross claim
, or 3rd-party claim which is asserted by or against the party. Amendment of pleadings is allowed as in cases where objection or defense is made by motion to dismiss.
Note:
Corrects spelling.
803.02
(1)
A party asserting a claim to relief as an original claim, counterclaim,
cross-claim
cross claim
, or 3rd-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.
Note:
Corrects spelling.
803.05
(1)
At any time after commencement of the action, a defending party, as a 3rd-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defending party for all or part of the plaintiff's claim against the defending party, or who is a necessary party under s. 803.03. The 3rd-party plaintiff need not obtain leave to implead if he or she serves the 3rd-party summons and 3rd-party complaint not later than 6 months after the summons and complaint are filed or the time set in a scheduling order under s. 802.10; thereafter, the 3rd-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and 3rd-party complaint, hereinafter called the 3rd-party defendant, shall make defenses to the 3rd-party plaintiff's claim as provided in s. 802.06 and counterclaims against the 3rd-party plaintiff and
cross-claims
cross claims
against any other defendant as provided in s. 802.07. The 3rd-party defendant may assert against the plaintiff any defenses which the 3rd-party plaintiff has to the plaintiff's claim. The 3rd-party defendant may also assert any claim against the plaintiff if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the 3rd-party plaintiff. The plaintiff may assert any claim against the 3rd-party defendant if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the 3rd-party plaintiff, and the 3rd-party defendant thereupon shall assert defenses as provided in s. 802.06 and counterclaims and
cross-claims
cross claims
as provided in s. 802.07.
Note:
Corrects spelling.
Section
213
.
803.07 of the statutes is amended to read:
803.07
Interpleader.
Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of
cross-claim
cross claim
or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in s. 803.04.
Note:
Corrects spelling.
804.05
(3)
(b) 5. In this subsection, the terms "defendant" and "plaintiff" include officers, directors and managing agents of corporate defendants and corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate. A defendant who asserts a counterclaim or a
cross-claim
cross claim
shall not be considered a plaintiff within the meaning of this subsection, but a 3rd-party plaintiff under s. 803.05 (1) shall be so considered with respect to the 3rd-party defendant.
Note:
Corrects spelling.
805.04
(3)
Counterclaim,
cross-claim
cross claim
and 3rd-party claim.
This section applies to the voluntary dismissal of any counterclaim,
cross-claim
cross claim
, or 3rd-party claim. A voluntary dismissal by the claimant alone shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.
Note:
Corrects spelling.
805.05
(2)
Separate trials.
The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition or economy, or pursuant to s. 803.04 (2) (b), may order a separate trial of any claim,
cross-claim
cross claim
, counterclaim, or 3rd-party claim, or of any number of claims, always preserving inviolate the right of trial in the mode to which the parties are entitled.
Note:
Corrects spelling.
805.14
(9)
Involuntary dismissal of counterclaim,
cross-claim
cross claim
or 3rd-party claim.
This section applies to counterclaims,
cross-claims
cross claims
, and 3rd-party claims.
Note:
Corrects spelling.
Section
218
.
812.17 of the statutes is amended to read:
812.17
Impleader.
When the answer of the garnishee discloses that any 3rd person claims the debt or property in the garnishee's hands and the name and residence of such claimant the court may order that such claimant be impleaded as a defendant in the garnishment action and that notice thereof, setting forth the facts, with a copy of such order and answer be served upon the
3rd person
3rd-person
claimant, and that after such service is made the garnishee may pay or deliver to the officer or the clerk such debt or property and have a receipt therefor, which shall be a complete discharge from all liability for the amount so paid or property so delivered. Such notice shall be served as required for service of a summons. Upon such service being made such claimant shall be deemed a defendant in the garnishee action, and within 20 days shall answer setting forth the claimant's claim or any defense
which
that
the garnishee might have made.
Note:
Corrects spelling.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 288
also created a provision numbered 814.75 (1g).
Note:
2005 Wis. Act 288
renumbered s. 814.75 (1) to 814.75 (1m).
2005 Wis. Act 433
renumbered 814.75 (1) to 814.75 (1r). The revisor under s. 13.93 (1) (b) numbers the provision 814.75 (1m).
814.75
(13m)
The Great Lakes resource surcharge under s.
29.99
29.9905
.
Note:
Section 29.99, as created by
2005 Wis. Act 288
, is renumbered to s. 29.9905 by this bill.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 288
also created a provision numbered 814.76 (1g).
Section
223
.
814.76 (1r) of the statutes, as affected by
2005 Wisconsin Act 433
, section
13
, is renumbered 814.76 (1m).
Note:
2005 Wis. Act 288
renumbered s. 814.76 (1) to 814.76 (1m).
2005 Wis. Act 433
renumbered 814.76 (1) to 814.76 (1r). The revisor under s. 13.93 (1) (b) numbers the provision 814.76 (1m).
814.76
(10m)
The Great Lakes resource surcharge under s.
29.99
29.9905
.
Note:
Section 29.99, as created by
2005 Wis. Act 288
, is renumbered to s. 29.9905 by this bill.
814.77
(6m)
The Great Lakes resource surcharge under s.
29.99
29.9905
.
Note:
Section 29.99, as created by
2005 Wis. Act 288
, is renumbered to s. 29.9905 by this bill.
822.31
(1)
"Judicial day" means each day except Saturday, Sunday, or a legal holiday under s.
895.20
995.20
.
Note:
Corrects cross-reference. Section 895.20 was renumbered to s. 995.20 by
2005 Wis. Act 155
.
867.046
(1m)
Upon death; generally
. If a domiciliary of this state dies who immediately prior to death had an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s.
705.20
705.10
(1), or if a person not domiciled in this state dies having an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s.
705.20
705.10
(1), upon petition of the decedent's spouse, a beneficiary of a marital property agreement
or
,
a TOD beneficiary, or a beneficiary of a transfer under s.
705.20
705.10
(1) to the court of the county of domicile of the decedent or, if the decedent was not domiciled in this state, of any county where the property is situated, the court shall issue a certificate under the seal of the court. The certificate shall set forth the fact of the death of the decedent, the termination or transfer of the decedent's interest in the property, the interest of the petitioner in the property and any other facts essential to a determination of the rights of persons interested. The certificate is prima facie evidence of the facts recited, and if the certificate relates to an interest in real property or to a debt secured by an interest in real property, the petitioner shall record a certified copy or duplicate original of the certificate in the office of the register of deeds in each county in this state in which the real property is located.
Note:
Section 705.20 was renumbered to s. 705.10 by
2005 Wis. Act 206
. Corrects punctuation.
867.046
(2)
Upon death; interest in property.
(intro.) As an alternative to sub. (1m), upon the death of any person having an interest in any real property, a vendor's interest in a land contract, an interest in a savings or checking account, an interest in a security, a mortgagee's interest in a mortgage, or an interest in property passing under s.
705.20
705.10
(1), including an interest in survivorship marital property, the decedent's spouse, a beneficiary of a marital property agreement
or
, a
TOD beneficiary, or a beneficiary of a transfer under s.
705.20
705.10
(1) may obtain evidence of the termination of that interest of the decedent and confirmation of the petitioner's interest in the property by providing to the register of deeds of the county in which the property is located the certified death certificate for the decedent and, on applications supplied by the register of deeds for that purpose, all of the following information:
Note:
Section 705.20 was renumbered to s. 705.10 by
2005 Wis. Act 206
. Corrects punctuation.
867.046
(2)
(k) In the case of a transfer under s.
705.20
705.10
(1), except as described in par. (i) or (j), a copy of the document described in s.
705.20
705.10
(1).
879.09
Notice requirement satisfied by waiver of notice.
Persons who are not minors or individuals adjudicated incompetent, on behalf of themselves, and appointed guardians ad litem and guardians of the estate on behalf of themselves and those whom they represent, may in writing waive the service of notice upon them and consent to the hearing of any matter without notice
,
. An attorney, or attorney-in-fact, for a person in the military service may waive notice on behalf of himself or herself but cannot waive notice on behalf of the person in the military service. Waiver of notice by any person is equivalent to timely service of notice.
Note:
Deletes unnecessary comma.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
created the same provision as s. 54.01 (28) and renumbered the remainder of s. 880.01 to s. 54.01.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
renumbers the remainder of s. 880.07 to s. 54.34.
Section
233
.
880.33 (2) (f) of the statutes, as created by
2005 Wisconsin Act 264
, is renumbered 54.44 (5m).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
renumbered s. 880.33 to multiple locations in ch. 54 but did not take into account the creation of s. 880.33 (2) (f) by
2005 Wis. Act 264
. It is moved to s. 54.44 (5) for proximity to provisions relating to who may be present at a guardianship hearing.
Note:
There is no conflict of substance. As merged by the revisor, s. 893.587 reads:
893.587
Sexual assault of a child; limitation.
An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.
895.07
(7)
(i) If the contractor rejects the supplemental offer made by the supplier to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the contractor shall, within 15 working days after receiving the offer, serve written notice of the contractor's rejection on the supplier. The notice shall include the reasons for the contractor's rejection of the supplier's supplemental settlement offer. If the contractor believes the supplier's supplemental settlement offer is unreasonable, the contractor shall set forth the reasons why the contractor believes the supplemental settlement offer is unreasonable. If
the
supplier declines to make a supplemental offer, or if the contractor rejects the supplemental offer, the contractor may bring an action against the supplier for the claim described in the notice of claim without further notice.
Note:
Inserts missing article.
895.497
(title)
Liability
Civil liability
exemption: furnishing safety services relating to child safety restraint systems.
Note:
Conforms form of title to the other titles in ch. 895 relating to civil liability exemptions, as affected by
2005 Wis. Act 155
.
895.506
(title)
Liability
Civil liability
exemption: weight gain and obesity claims.
Note:
Conforms form of title to the other titles in ch. 895 relating to civil liability exemptions, as affected by
2005 Wis. Act 155
.
Note:
2005 Wis. Act 155
revises ch. 895 to include only provisions related to limits on liability and miscellaneous court provisions and renumbers s. 895.505, relating to disposal of records containing personal information, to s. 134.97. Section 895.507 relating to notice of unauthorized acquisition of personal information, is renumbered 134.98 so the section continues to be located with the former s. 895.505 in the statutes.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 155
revises ch. 895 to create 2 subchapters and to reorganize the chapter accordingly. Section 895.81, Indemnification of a financial institution, is moved so it is not located in subchapter II, Exemptions From Liability, and is located in subchapter I, Damages, Liability, and Miscellaneous Provisions Regarding Actions in Courts.
Note:
There is no conflict of substance. As merged by the revisor s. 905.04 (4) (a) reads:
(a)
Proceedings for hospitalization, guardianship, protective services, or protective placement or for control, care, or treatment of a sexually violent person.
There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian in this state, for court-ordered protective services or protective placement, for review of guardianship, protective services, or protective placement orders, or for control, care, or treatment of a sexually violent person under ch. 980, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist, or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement or control, care, and treatment as a sexually violent person.
Section
241
.
938.08 (3) (a) (intro.) of the statutes, as affected by
2005 Wisconsin Act 344
, is amended to read:
938.08
(3)
(a) (intro.) In addition to the law enforcement authority under sub. (2), department personnel designated by the department
,
and
personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department
, and personnel of a county contracted with under s. 301.08 (1) (b) 4. and designated by agreement between the county and the department
have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:
Note:
Section 301.08 (1) (b) 4. was repealed by
2005 Wis. Act 344
, leaving the stricken language without effect.
Section
242
.
938.17 (1) (b) of the statutes is amended to read:
938.17
(1)
(b) If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a
secure
juvenile
detention facility.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Note:
There is no conflict of substance. As merged by the revisor, s. 938.17 (2) (a) 3. (intro.) reads:
3. Except as provided in subd. 1m., when a juvenile is alleged to have violated a municipal ordinance, one of the following may occur:
Note:
There is no conflict of substance. As merged by the revisor, s. 938.18 (1) (a), as renumbered from s. 938.18 (1) (a) 1. by
2005 Wisconsin Act 344
, reads:
(a) The juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2), 943.87, or 961.41 (1) on or after the juvenile's 14th birthday.
Section
245
.
938.183 (1m) (a) of the statutes is amended to read:
938.183
(1m)
(a) If the juvenile is under 15 years of age, the juvenile may be held in secure custody only in a
secure
juvenile
detention facility or in the juvenile portion of a county jail.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
246
.
938.195 (1) (title) of the statutes is created to read:
938.195
(1)
(title)
Definitions.
Section
247
.
938.195 (1) (c) of the statutes is amended to read:
938.195
(1)
(c) "Place of detention" means a
secure
juvenile
detention facility, jail, municipal lockup facility, or
secured
juvenile
correctional facility, or a police or sheriff's office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" and the term "secured correctional facility" was changed to "juvenile correctional facility" by
2005 Wis. Act 344
.
Section
248
.
938.195 (2) (title) of the statutes is created to read:
938.195
(2)
(title)
When required.
Section
249
.
938.195 (3) (title) of the statutes is created to read:
938.195
(3)
(title)
Notice not required.
Section
250
.
938.208 (intro.) of the statutes is amended to read:
938.208
Criteria for holding a juvenile in a
secure
juvenile
detention facility.
(intro.) A juvenile may be held in a
secure
juvenile
detention facility if the intake worker determines that
one
any
of the following conditions applies:
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
251
.
938.209 (1) (intro.) of the statutes is amended to read:
938.209
(1)
County jail.
(intro.) Subject to s. 938.208, a county jail may be used as a
secure
juvenile
detention facility if the criteria under either par. (a) or (b) are met:
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
252
.
938.209 (1) (a) (intro.) of the statutes is amended to read:
938.209
(1)
(a) (intro.) There is no other
secure
juvenile
detention facility approved by the department or a county which is available and all of the following conditions are met:
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
253
.
938.209 (1) (a) 1. of the statutes is amended to read:
938.209
(1)
(a) 1. The jail meets the standards for
secure
juvenile
detention facilities established by the department.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
254
.
938.21 (2) (am) of the statutes is amended to read:
938.21
(2)
(am) A juvenile held in a nonsecure place of custody may waive in writing his or her right to participate in the hearing under this section. After any waiver, a rehearing shall be granted upon the request of the juvenile or any other interested party for good cause shown. Any juvenile transferred to a
secure
juvenile
detention facility shall thereafter have a rehearing under this section.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
255
.
938.22 (1) (d) of the statutes is amended to read:
938.22
(1)
(d) The nonjudicial operational policies of a private
secure
juvenile
detention facility shall be established by the private entity operating the
secure
juvenile
detention facility. Those policies shall be executed by the superintendent appointed under sub. (3) (bm).
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
256
.
938.22 (3) (bm) of the statutes is amended to read:
938.22
(3)
(bm) A private juvenile detention facility shall be in the charge of a superintendent appointed by the private entity operating the
secure
juvenile
detention facility.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
257
.
938.22 (5) of the statutes is amended to read:
938.22
(5)
County contracts with private facilities.
A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated
secure
juvenile
detention facilities, shelter care facilities
,
or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
258
.
938.222 (title) of the statutes is amended to read:
938.222
(title)
Contracts with private entities for
secure
juvenile
detention facility services.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
259
.
938.222 (2) (b) 1. of the statutes is amended to read:
938.222
(2)
(b) 1. The rates to be paid by the county for holding a juvenile in the private
secure
juvenile
detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private
secure
juvenile
detention facility.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
260
.
938.222 (2) (b) 2. of the statutes is amended to read:
938.222
(2)
(b) 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private
secure
juvenile
detention facility.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
261
.
938.222 (2) (b) 3. of the statutes is amended to read:
938.222
(2)
(b) 3. An agreement that the private
secure
juvenile
detention facility is subject to investigation and inspection by the department under s. 301.36.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
262
.
938.223 (title) of the statutes is amended to read:
938.223
(title)
Contracts with Minnesota counties for
secure
juvenile
detention facility services.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
263
.
938.223 (1) of the statutes is amended to read:
938.223
(1)
Uses of facilities.
The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a
secure
juvenile
detention facility for the use of one or more Minnesota
secure
juvenile
detention facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a)
,
or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1.
,
or short-term detention under s. 938.355 (6d) or 938.534 (1).
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
264
.
938.223 (2) (b) 1. of the statutes is amended to read:
938.223
(2)
(b) 1. The rates to be paid by the Wisconsin county for holding a juvenile in the Minnesota
secure
juvenile
detention facility and the charges to be paid by the Wisconsin county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the Minnesota
secure
juvenile
detention facility.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
265
.
938.223 (2) (b) 2. of the statutes is amended to read:
938.223
(2)
(b) 2. An agreement that the Wisconsin county retains jurisdiction over a juvenile who is held in the Minnesota
secure
juvenile
detention facility.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
266
.
938.223 (2) (b) 3. of the statutes is amended to read:
938.223
(2)
(b) 3. An agreement that the Minnesota
secure
juvenile
detention facility is subject to investigation and inspection by the department under s. 301.36.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
267
.
938.224 (title) of the statutes is amended to read:
938.224
(title)
Contracts with department for
secure
juvenile
detention facility services.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
268
.
938.224 (2) (a) (intro.) of the statutes is amended to read:
938.224
(2)
(a) (intro.) That the county may use a
secured
juvenile
correctional facility for holding a juvenile under sub. (1) only if any of the following criteria are met:
Note:
The term "secured correctional facility" was changed to "juvenile correctional facility" by
2005 Wis. Act 344
.
Section
269
.
938.224 (2) (a) 1. of the statutes is amended to read:
938.224
(2)
(a) 1. There is no county-operated
secure
juvenile
detention facility approved by the department within 40 miles of the county seat of the county.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
270
.
938.224 (2) (a) 2. of the statutes is amended to read:
938.224
(2)
(a) 2. There is no bed space available in a county-operated
secure
juvenile
detention facility approved by the department within 40 miles of the county seat of the county.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
271
.
938.224 (2) (b) of the statutes is amended to read:
938.224
(2)
(b) That the county may use a
secured
juvenile
correctional facility for holding a juvenile under sub. (1) only if the department approves that use based on the availability of beds in the
secured
juvenile
correctional facility and on the programming needs of the juvenile.
Note:
The term "secured correctional facility" was changed to "juvenile correctional facility" by
2005 Wis. Act 344
.
Section
272
.
938.225 of the statutes is amended to read:
938.225
Statewide plan for
secure
juvenile
detention facilities.
The department shall assist counties in establishing
secure
juvenile
detention facilities under s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable
secure
juvenile
detention facilities reasonably accessible to each court.
Note:
2005 Wis. Act 344
changed "secure detention facility" to "juvenile detention facility" in all other sections of the statutes.
938.293
(3)
Videotaped
Audiovisual recording of
oral statement.
Upon request prior to the fact-finding hearing, the district attorney shall disclose to the juvenile, and to the juvenile's counsel or guardian ad litem, the existence of any audiovisual recording of an oral statement of a child under s. 908.08 that is within the possession, custody, or control of the state and shall make reasonable arrangements for the requesting person to view the statement. If, after compliance with this subsection, the state obtains possession, custody, or control of the
audiovisual recording of the
oral statement, the district attorney shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the statement.
Note:
"Oral" replaced "such" in
2005 Wis. Act 344
, requiring the insertion of the specific reference for clarity. Also, the title created by
2005 Wis. Act 344
for this provision references a "videotaped" oral statement, but that term was replaced with "audiovisual recording" by
2005 Wis. Act 42
. This
Section
conforms the title to the new terminology enacted by
2005 Wis. Act 42
.
Note:
There is no conflict of substance. As merged by the revisor, s. 938.299 (4) (b) reads:
(b) Except as provided in s. 901.05, common law and statutory rules of evidence are not binding at a waiver hearing under s. 938.18, a hearing for a juvenile held in custody under s. 938.21, a hearing under s. 938.296 (4) for a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), a hearing under s. 938.296 (5) for a juvenile who is alleged to have violated s. 946.43 (2m), a dispositional hearing, or any postdispositional hearing under this chapter. At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony, or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.
Section
275
.
938.31 (3) (title) of the statutes is created to read:
938.31
(3)
(title)
Admissibility of custodial interrogations.
Note:
The other subsections of s. 938.31 have titles.
Section
276
.
938.34 (3) (f) (intro.) of the statutes is amended to read:
938.34
(3)
(f) (intro.) A
secure
juvenile
detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
277
.
938.34 (3) (f) 2. of the statutes is amended to read:
938.34
(3)
(f) 2. The order may provide that the juvenile may be released from the
secure
juvenile
detention facility, juvenile portion of the jail
,
or place of nonsecure custody during specified hours to attend school, to work at the juvenile's place of employment or to attend or participate in any activity which the court considers beneficial to the juvenile.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
278
.
938.34 (3) (f) 3. of the statutes is amended to read:
938.34
(3)
(f) 3. The use of placement in a
secure
juvenile
detention facility or in a juvenile portion of a county jail as a disposition under this paragraph is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a disposition.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Note:
There is no conflict of substance. As merged by the revisor, s. 938.34 (4h) (a) reads:
(a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing or conspiring to commit a violation of s. 939.32 (1) (a), 940.03, 940.06, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or attempting a violation of s. 943.32 (2) or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.
Section
280
.
938.345 (4) (title) of the statutes is created to read:
938.345
(4)
(title)
Uncontrollable juveniles.
Note:
The other subsections of s. 938.345 have titles.
Section
281
.
938.355 (6) (d) 1. of the statutes is amended to read:
938.355
(6)
(d) 1. Placement of the juvenile in a
secure
juvenile
detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
282
.
938.355 (6d) (a) 1. of the statutes is amended to read:
938.355
(6d)
(a) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a
secure
juvenile
detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under sub. (6) are being investigated. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
283
.
938.355 (6d) (a) 2. of the statutes is amended to read:
938.355
(6d)
(a) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a
secure
juvenile
detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement, modify the terms of the placement, or order the juvenile to be released from custody.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
284
.
938.355 (6d) (b) 2. of the statutes is amended to read:
938.355
(6d)
(b) 2. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2), to any policies adopted by the county department relating to aftercare supervision administered by the county department, and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a
secure
juvenile
detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under s. 938.067 or 938.069 shall review that statement and either approve the placement of the juvenile, modify the terms of the placement, or order the juvenile to be released from custody.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
285
.
938.355 (6d) (d) of the statutes is amended to read:
938.355
(6d)
(d)
Hearing; when required.
If a juvenile is held under par. (a), (b), or (c) in a
secure
juvenile
detention facility, juvenile portion of a county jail, or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under sub. (6) (c) or s. 938.21. The hearing shall be conducted in the manner provided in sub. (6) or s. 938.21, except that, notwithstanding s. 938.21 (1) (a), the hearing shall be conducted within 72 hours, rather than 24 hours, after the time that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed instead of a petition under s. 938.25.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
286
.
938.355 (6d) (e) of the statutes is amended to read:
938.355
(6d)
(e)
County board authorization required.
The use of placement in a
secure
juvenile
detention facility or in a juvenile portion of a county jail as a place of short-term detention under par. (a) 1. or 2. or (b) 1. or 2. is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as places of short-term detention under par. (a) 1. or 2. or (b) 1. or 2.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Section
287
.
938.355 (6m) (a) 1g. of the statutes is amended to read:
938.355
(6m)
(a) 1g. Placement of the juvenile in a
secure
juvenile
detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a
secure
juvenile
detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction.
Note:
The term "secure detention facility" was changed to "juvenile detention facility" by
2005 Wis. Act 344
.
Note:
There is no conflict of substance. As merged by the revisor, s. 938.371 (1) (intro.) reads:
(1)
Medical information.
If a juvenile is placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:
Note:
There is no conflict of substance. As merged by the revisor, s. 938.371 (1) (a) reads:
(a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).
938.371
(1)
(b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan.
juvenile
938.371
(1)
(c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile.
juvenile
Note:
There is no conflict of substance. As merged by the revisor, s. 938.371 (3) (intro.) reads:
(3)
Other information.
At the time of placement of a juvenile in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility or in the home of a relative other than a parent 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. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:
938.371
(3)
(a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile.
juvenile
(b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group.
juvenile
(c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental, or moral well-being.
juvenile
938.371
(3)
(d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility.
juvenile
Section
295
.
938.371 (4) (title) of the statutes is created to read:
938.371
(4)
(title)
Disclosure before placement permitted.
Note:
The other subsections of s. 938.371 have titles.
Section
296
.
938.371 (5) of the statutes is amended to read:
938.371
(5)
Confidentiality of information.
Except as permitted under s. 252.15 (6), a foster parent, treatment foster parent, relative, or operator of a group home, residential care center for children and youth, or
secured
juvenile
correctional facility that receives any information under sub. (1) or (3), other than the information described in sub. (3) (e), shall keep the information confidential and may disclose that information only for the purposes of providing care for the juvenile or participating in a court hearing or permanency plan review concerning the juvenile.
Note:
The term "secured correctional facility" was changed to "juvenile correctional facility" by
2005 Wis. Act 344
. Also, the other subsections of s. 938.371 have titles.
938.38
(4)
(ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances under
in
s. 938.355 (2d) (b) 1. to 4. apply to that parent.
938.396
(1)
(a)
Confidentiality.
Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under
,
par. (b) or (c), sub. (1j)
,
or (10)
,
or s. 938.293 or by order of the court.
Note:
Inserts serial comma.
938.396
(1j)
(a) (intro.) Any person who is denied access to a record under sub. (1)
,,
(a)
or (10) may petition the court to order the disclosure of the record. The petition shall be in writing and shall describe as specifically as possible all of the following:
Note:
Deletes commas inserted by
2005 Wis. Act 434
but rendered surplusage by
2005 Wis. Act 344
. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and changed other cross-references to s. 938.396 (1) (a) accordingly.
938.396
(2)
Court records; confidentiality.
Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 48 or as permitted under sub. (2g)
or (10)
.
Note:
Act 344 renumbered s. 938.396 (2) (e) to s. 938.396 (2g) (e), but then Act 434 renumbered s. 938.396 (2) (e) as s. 938.391 (10). Accordingly, s. 938.396 (2) needs a cross-reference to s. 938.396 (10) for completeness.
938.534
(1)
(b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile violates a condition of
the
his or her participation in the program, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a juvenile detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under s. 938.355 (6) or a change in the conditions of the juvenile's participation in the program are being investigated. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.
938.57
(1)
(c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), contracting for services for them by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured
,
residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
Section
303
.
938.57 (2m) (title) of the statutes is created to read:
938.57
(2m)
(title)
Notice of change of county of residence.
Note:
The other subsections of s. 938.57 have titles.
Section
304
.
938.57 (3) (a) 4. of the statutes, as affected by
2005 Wisconsin Act 25
, is amended to read:
938.57
(3)
(a) 4. Is living in a foster home, treatment foster home, group home,
,
residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).
Note:
Deletes unnecessary comma inserted by
2005 Wis. Act 25
. The correct punctuation is shown in the printed statutes.
Note:
There is no conflict of substance. As merged by the revisor, s. 938.78 (2) (a) reads:
(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.51, or 938.57 (2m) or by order of the court.
Note:
There is no conflict of substance. As merged by the revisor, s. 938.78 (3) reads:
(3)
Release of information when escape or absence; rules.
If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.
Section
307
.
939.10 of the statutes is amended to read:
939.10
Common-law
Common law
crimes abolished;
common-law
common law
rules preserved.
Common-law
Common law
crimes are abolished. The
common-law
common law
rules of criminal law not in conflict with chs. 939 to 951 are preserved.
Note:
Eliminates hyphen for consistent treatment with the remainder of the statutes.
Note:
There is no conflict of substance. As merged by the revisor, s. 939.22 (34) reads:
(34)
"Sexual contact" means any of the following if done for the purpose of sexual humiliation, degradation, arousal, or gratification:
(a) The intentional touching by the defendant or, upon the defendant's instruction, by a third person of the clothed or unclothed intimate parts of another person with any part of the body, clothed or unclothed, or with any object or device.
(b) The intentional touching by the defendant or, upon the defendant's instruction, by a third person of any part of the body, clothed or unclothed, of another person with the intimate parts of the body, clothed or unclothed.
(c) The intentional penile ejaculation of ejaculate or the intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by a third person upon any part of the body, clothed or unclothed, of another person.
(d) Intentionally causing another person to ejaculate or emit urine or feces on any part of the actor's body, whether clothed or unclothed.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 433
also created a provision numbered s. 939.617.
Note:
There is no conflict of substance. As merged by the revisor, s. 939.74 (2) (c) reads:
(c) A prosecution for violation of s. 948.02 (2), 948.025 (1) (b), 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, 948.085, or 948.095 shall be commenced before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d) (c).
Note:
There is no conflict of substance. As merged by the revisor, s. 941.291 (1) (b) reads:
(b) "Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).
Section
312
.
941.38 (1) (b) 21. of the statutes, as created by
2005 Wisconsin Act 277
, is renumbered 941.38 (1) (b) 21m.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 212
also created a provision numbered 941.38 (1) (b) 21.
Note:
There is no conflict of substance. As merged by the revisor, s. 946.42 (1) (a) reads:
(a) "Custody" includes without limitation actual custody of an institution, including a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, as defined in s. 938.02 (15g), a juvenile detention facility, as defined in s. 938.02 (10r), a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r), a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion of a county jail, or actual custody of a peace officer or institution guard. "Custody" also includes the constructive custody of persons placed on supervised release under ch. 980 and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h), or (4m), or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile, or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4).
Section
314
.
948.085 (2) 1., 2. and 3. of the statutes, as created by
2005 Wisconsin Act 277
, are renumbered 948.085 (2) (a), (b) and (c).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b) correcting a numbering error.
Section
315
.
948.095 (3) (d) of the statutes, as created by
2005 Wisconsin Act 274
, is renumbered 948.095 (3) (d) (intro.) and amended to read:
948.095
(3)
(d) (intro.) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children:
teaching
1. Teaching
children
, child
.
2. Child
care
, youth
.
3. Youth
counseling
, youth
.
4. Youth
organization
, coaching
.
5. Coaching
children
, parks
.
6. Parks
or playground recreation
, or school
.
7. School
bus driving.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Section
316
.
948.13 (3) of the statutes is renumbered 948.13 (3) (intro.) and amended to read:
948.13
(3)
(intro.) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact primarily and directly with children under 16 years of age:
teaching
(a) Teaching
children
, child
.
(b) Child
care
, youth
.
(c) Youth
counseling
, youth
.
(d) Youth
organization
, coaching
.
(e) Coaching
children
, parks
.
(f) Parks
or playground recreation
or school
.
(g) School
bus driving.
Note:
Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.
Note:
There is no conflict of substance. As merged by the revisor, s. 949.03 (1) (b) reads:
(b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.07, 948.085, 948.095, 948.20, 948.30 or 948.51.
Section
318
.
950.04 (1v) (m) of the statutes is amended to read:
950.04
(1v)
(m) To provide statements concerning sentencing, disposition
,
or parole, as provided under ss. 304.06 (1) (e), 938.32 (1) (b)
1.
1g.
, 938.335 (3m)
(a)
(ag),
and 972.14 (3) (a).
Note:
Corrects cross-reference. The substance of s. 938.32 (1) (b) 1. was moved to s. 938.32 (1) (b) 1g. and the substance of s. 938.335 (3m) (a) was moved to s. 938.335 (3m) (ag) by
2005 Wis. Act 344
.
Section
319
.
950.04 (1v) (w) of the statutes is amended to read:
950.04
(1v)
(w) To have the department of corrections make a reasonable attempt to notify the victim under s. 303.068 (4m) regarding leave granted to qualified inmates under
s.
303.068.
Note:
Inserts missing "s." The correction is shown in the printed statutes.
Note:
There is no conflict of substance. As merged by the revisor, s. 961.577 reads:
961.577
Municipal ordinances.
Nothing in this subchapter precludes a city, village, or town from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) or a county from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2).
Note:
There is no conflict of substance. As merged by the revisor, s. 969.08 (10) (b) reads:
(b) "Serious crime" means any crime specified in s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), 943.30, 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).
Note:
There is no conflict of substance. As merged by the revisor, s. 970.03 (4) (a) reads:
(a) If the defendant is accused of a crime under s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, the court may exclude from the hearing all persons who are not officers of the court, members of the complainant's or defendant's families or others considered by the court to be supportive of the complainant or defendant, the service representative, as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds that the state or the defendant has established a compelling interest that would likely be prejudiced if the persons were not excluded. The court may consider as a compelling interest, among others, the need to protect a complainant from undue embarrassment and emotional trauma.
972.15
(4)
Except as provided in sub. (4m)
or
,
(5)
, or (6)
, after sentencing
or (6)
the presentence investigation report shall be confidential and shall not be made available to any person except upon specific authorization of the court.
Section
324
.
973.017 (4) (b) 1. and 2. of the statutes are amended to read:
973.017
(4)
(b) 1. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime had a sexually transmitted disease or acquired immunodeficiency syndrome or had had a positive test for the presence of HIV, antigen
,
or nonantigenic products of HIV
,
or an antibody to HIV.
2. At the time that he or she committed the serious sex crime, the person convicted of committing the serious sex crime knew that he or she had a sexually transmitted disease or acquired immunodeficiency syndrome or that he or she had had a positive test for the presence of HIV, antigen
,
or nonantigenic products of HIV
,
or an antibody to HIV.
Note:
Moves misplaced commas.
973.05
(2m)
(f) To payment of the deoxyribonucleic acid analysis surcharge until paid in full
shall then be applied to
.
(fm) To payment of
the child pornography surcharge until paid in full
,
.
973.05
(2m)
(g) To payment of the drug abuse program improvement surcharge until paid in full.
shall then be applied to
(gm) To payment of
the drug offender diversion surcharge until paid in full
,
.
973.05
(2m)
(o) To payment of the wild animal protection surcharge until paid in full.
shall then be applied to
(om) To
the payment of the wildlife violator compact surcharge
if applicable
until paid in full
,
.
Section
328
.
973.055 (title) of the statutes is amended to read:
973.055
(title)
Domestic abuse
assessments
surcharges
.
Note:
2003 Wis. Act 139
changed the references to "domestic abuse assessments in s. 973.055 to "domestic abuse surcharges" without making the corresponding change to the section title.
Note:
There is no conflict of substance. As merged by the revisor, s. 973.195 (1r) (d) reads:
(d) If the sentence for which the inmate seeks adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), 948.08, or 948.085, and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.
Section
330
.
977.07 (2m) of the statutes is amended to read:
977.07
(2m)
If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e)
,
or 977.076 (1), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This subsection does not apply to persons who have paid under s. 977.075
(1)
(3m)
.
Note:
There is no conflict of substance. As merged by the revisor, s. 980.01 (6) (a) reads:
(a) Any crime specified in s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, 948.07, or 948.085.
Note:
There is no conflict of substance. As merged by the revisor, s. 980.015 (2) (b) reads:
(b) The anticipated release from a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), if the person was placed in the facility as a result of being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
Note:
There is no conflict of substance. As merged by the revisor, s. 980.04 (1) reads:
(1)
Upon the filing of a petition under s. 980.02, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is probable cause to believe that the person is eligible for commitment under s. 980.05 (5). A person detained under this subsection shall be held in a facility approved by the department. If the person is serving a sentence of imprisonment, is in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), or is committed to institutional care, and the court orders detention under this subsection, the court shall order that the person be transferred to a detention facility approved by the department. A detention order under this subsection remains in effect until the petition is dismissed after a hearing under sub. (3) or after a trial under s. 980.05 (5) or until the effective date of a commitment order under s. 980.06, whichever is applicable.
980.08
(6m)
An order for supervised release places the person in the custody and control of the department. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the plan for supervised release approved by the court under sub.
(b)
(4) (g). A person on supervised release is subject to the conditions set by the court and to the rules of the department. Within 10 days of imposing a rule, the department shall file with the court any additional rule of supervision not inconsistent with the rules or conditions imposed by the court. If the department wants to change a rule or condition of supervision imposed by the court, the department must obtain the court's approval. Before a person is placed on supervised release by the court under this section, the court shall so notify the municipal police department and county sheriff for the municipality and county in which the person will be residing. The notification requirement under this subsection does not apply if a municipal police department or county sheriff submits to the court a written statement waiving the right to be notified.
Note:
Deletes the paragraph designation of a cross-reference inserted by
2005 Wis. Act 431
, but rendered surplusage by the removal of the subsection portion of the cross-reference by
2005 Wis. Act 434
.
Section
335
.
2005 Wisconsin Act 72
, section
3
, is amended by replacing "paid by a claimant,
and
" with "paid by a claimant
, and
".
Note:
The comma was inserted without being underscored. The change was intended.
Section
336
.
2005 Wisconsin Act 86
, section
5
, is amended by replacing "the first
$2,289,107
$3,289,107
" with "the first
$2,389,107
$3,289,107
".
Note:
The stricken number contained an incorrect digit.
Section
337
.
2005 Wisconsin Act 87
, section
26
, is amended by replacing "
Broker's duties to all
" with "
Duties
Broker's duties
to all
".
Note:
"Duties" was replaced by "Brokers duties" without strikes and scores in s. 452.133 (1) (title).
Section
338
.
2005 Wisconsin Act 87
, section
34
, is amended by replacing "
Broker's duties to a
" with "
Duties
Broker's duties
to a
".
Note:
"Duties" was replaced by "Brokers duties" without strikes and scores in s. 452.133 (2) (title).
Section
339
.
2005 Wisconsin Act 87
, section
50 (1)
is amended by replacing "This act takes effect on the first day of the 6th month beginning after the effective date of this subsection." with "This act takes effect on the first day of the 6th month beginning after publication."
Note:
Clarifies effective date by inserting language consistent with current style.
Section
340
.
2005 Wisconsin Act 97
, section
6
is amended by replacing "2 consecutive years" with "2
consecutive
years".
Note:
"Consecutive" was inserted without being underscored. The change was intended.
Section
341
.
2005 Wisconsin Act 212
, section
11
is amended by replacing "or, if the victim is a financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2)" with "
or, if the victim is a financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2)
".
Note:
Text was inserted without underscoring. The change was intended.
Section
342
.
2005 Wisconsin Act 248
, section
8
is amended by replacing "
board, except as
" with "board, except as".
Note:
Previously existing text was shown as underscored. No change was intended.
Section
343
.
2005 Wisconsin Act 259
, section
8
is amended by replacing "development zones credits" with "development zones
credit
credits
".
Note:
Credit was changed to credits without strikes and underscores. The change was intended.
Section
344
.
2005 Wisconsin Act 264
, section
62
is amended by replacing "s. 51.15,
55.05 (4) or 55.06 (11) (a)
, 55.13,
" with "s. 51.15,
55.05 (4) or 55.06 (11) (a)
55.13,
".
Note:
A comma was inserted where a comma already existed.
Section
345
.
2005 Wisconsin Act 264
, section
108
is amended by replacing "or another home, nursing home, or other facility" with "or another
home, nursing home, or other
facility".
Note:
Text was inserted without being underscored. The change was intended.
Section
346
.
2005 Wisconsin Act 264
, section
135
is amended by replacing "individuals who will need protective placement or
protective services
and given the limited funds available" with "individuals who will need protective placement
or protective services
and given the limited funds available".
Note:
Text was inserted without being underscored. The change was intended.
Section
347
.
2005 Wisconsin Act 264
, section
154
is amended by replacing "
individual's
protective services or protective placement" with "
individual's
protective services or
protective
placement".
Note:
Text was inserted without being underscored. The change was intended.
Section
348
.
2005 Wisconsin Act 295
, section
8
is amended by replacing "
the type of prisoner supervision, and the delivery of services and programs to prisoners
how to supervise and provide services and programs to a prisoner, and what services and programs to provide a prisoner
" with "how to supervise and provide services and programs to a prisoner, and what services and programs to provide a prisoner".
Note:
In
2005 Wis. Act 295
, section
8
, the underscored text was preexisting and should not have been underscored. Drafting records show that the stricken text was inserted in an earlier draft and should have been removed rather than stricken.
Note:
2005 Wis. Act 297
purports to renumber s. 449.03 (2) to s. 449.03, but that action cannot be carried out because s. 449.03 contains another subsection that is not treated by the act.
Section
350
.
2005 Wisconsin Act 310
, section
1
is amended by replacing "
(2)
(a)
Other crimes, wrongs, or acts.
Evidence
" with "
(2)
(a)
Evidence
".
Note:
Section 904.04 (2) (title) was erroneously included as part of the text of s. 904.04 (2) (a).
Section
351
.
2005 Wisconsin Act 344
, section
19
is amended by replacing "48.366 (1) (a) and (b) of the statutes are amended" with "48.366 (1) (a) (intro.) and (b) of the statutes are amended".
Note:
Previously existing text was deleted without being stricken. The change was intended.
Section
353
.
2005 Wisconsin Act 344
, section
356
is amended by replacing "of the services, and may include" with "of the services
,
and may include".
Note:
A comma was inserted without being underscored. The change was intended.
Section
354
.
2005 Wisconsin Act 344
, section
466
is amended by replacing "the Type 2
secured
juvenile
correctional facility shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1
secured
juvenile
correctional facility under the supervision of the department, without a hearing under sub. (1) (am) 2." with "the Type 2
secured
juvenile
correctional facility shall notify the department and the department, after consulting with the child welfare agency, may place the juvenile in a Type 1
secured
juvenile
correctional facility under the supervision of the department
,
without a hearing under sub. (1) (am) 2.".
Note:
A comma was inserted without being underscored. The change was intended.
Section
355
.
2005 Wisconsin Act 347
, section
27
is amended by replacing "281.48 (3) (d) (intro.) A farmer" with "281.48 (3) (d) A farmer".
Note:
Removes unnecessary "(intro.)."
Section
356
.
2005 Wisconsin Act 387
, section
185
is amended by replacing "chs. 48
, 54,
and 851 to
880
879" with "chs. 48
, 54,
and 851 to
880
879
".
Note:
"879" was inserted without underscoring. The change was intended.
Section
357
.
2005 Wisconsin Act 387
, section
574
is amended by replacing "party's interest or title
shall
, may
be examined" with "party's interest or title,
shall
may
be examined".
Note:
A comma was incorrectly placed and underscored.
Section
358
.
2005 Wisconsin Act 388
, section
175
is amended by replacing "information from the
county
elder-adult-at-risk
agency or
county protective services
adult-at-risk agency" with "information from the
county
elder-adult-at-risk
agency or
county protective services
adult-at-risk
agency".
Note:
"Adult-at-risk agency" was inserted without being underscored. The change was intended.
[
2005 Wisconsin Act 391
] Section 13 (1)
Dissolution of villages.
The treatment of section
66.187
61.187
(2) (a), (b), and (c) of the statutes first applies to an election for the dissolution of a village that is held on the effective date of this subsection.
Note:
Corrects cross-reference. Act 391 treats s. 61.187 and does not treat 66.187.
Section
360
.
2005 Wisconsin Act 434
, section
34
is amended by replacing "974.06, or 974.07 (2)" with "974.06
,
or 974.07 (2)".
Note:
A comma was inserted without underscoring. The change was intended.
Section
361
.
2005 Wisconsin Act 434
, section
70
is amended by replacing "disease, defect
,
or illness" with "disease, defect, or illness".
Note:
A comma shown as underscored was previously existing. No change was intended.
Section
362
.
2005 Wisconsin Act 443
, section
137
is amended by replacing "
767.08
767.501,
child support, family support
,
or maintenance under s.
767.23
767.225,
child support under s.
767.25
767.511
, maintenance under s.
767.26
767.56
, family support under s.
767.261
767.531
, attorney fees under s.
767.262
767.241
, child support or a child's health care expenses under s.
767.477
767.85
, paternity obligations under s.
767.458 (3), 767.51 or 767.62 (4)
767.805 (4), 767.863 (3), or 767.89
, support arrearages under s.
767.293
767.71
," with "
767.08
767.501
, child support, family support
,
or maintenance under s.
767.23
767.225
, child support under s.
767.25
767.511
, maintenance under s.
767.26
767.56
, family support under s.
767.261
767.531
, attorney fees under s.
767.262
767.241
, child support or a child's health care expenses under s.
767.477
767.85
, paternity obligations under s.
767.458 (3), 767.51 or 767.62 (4)
767.805 (4), 767.863 (3), or 767.89
, support arrearages under s.
767.293
767.71,
".
Note:
The commas following "
767.501
" and "
767.225
" were preexisting and should not have been underscored. The comma following "
767.71
" was inserted without underscoring. The change was intended.
Section
363
.
2005 Wisconsin Act 443
, section
170
is amended by replacing "767.37 (1) (a) of the statutes is renumbered 767.251 and amended to read:" with "767.37 (1) (a) of the statutes is renumbered 767.251 (1) and amended to read:".
Note:
Inserts missing subsection number.
Section
364
.
2005 Wisconsin Act 443
, section
218
is amended by replacing "genetic tests as provided in s.
767.48
767.84
(5), and other costs." with "genetic tests as provided in s.
767.48
767.84
(5)
,
and other costs.".
Note:
A comma was inserted without underscoring. The change was intended.
Section
365
.
2005 Wisconsin Act 443
, section
65
is amended by replacing "
Proceedings
Before court.
" with "
Proceedings
Before court
.
".
Note:
A period shown as underscored was previously existing. No change was intended.
Section
366
.
2005 Wisconsin Act 443
, section
117
is amended by replacing "767.265 (1m) to (7m) of the statutes are renumbered 767.75 (1m) to (7m), and 767.75 (1m), (2h), (2m) (a) 1. and 2. and (b), (2r), (3h), (4), (6) and (7m) (b) (intro.) and (c), as renumbered, are amended to read:" with "767.265 (1m) to (7m) of the statutes are renumbered 767.75 (1m) to (7m), and 767.75 (1m), (2h), (2m) (a) 1. and 2. and (b), (2r), (3h), (4), (6) (a), (b) and (c) and (7m) (b) (intro.) and (c), as renumbered, are amended to read:".
Note:
Section 767.75 (6) (a), (b) and (c), but not (d), as renumbered are amended by
2005 Wis. Act 443
.
Section
367
.
2005 Wisconsin Act 449
, section
3
is amended by replacing "treatment facility," with "treatment facility
,
".
Note:
A comma was inserted without underscoring. The change was intended.
Section
368
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1) The treatment of section 153.05 (2r) (intro.) (by
Section
127) of the statutes takes effect on June 30, 2007, or on the day after publication, whichever is later.
(2) The treatment of sections 51.42 (3) (aw) 1. d., 301.03 (19), and 980.08 (6m) of the statutes takes effect on July 1, 2007, or on the day after publication, whichever is later.
(3) The treatment of section 48.981 (1) (b) of the statutes takes effect on July 1, 2008.
(4) The treatment of section 348.21 (3g) (intro.) (by
Section
179) of the statutes takes effect on January 1, 2011.
