2009 WISCONSIN ACT
180
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 (Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
5.05
(1)
(c) Bring civil actions to require a forfeiture for any violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any violation of subch. III of ch. 13 for which the offender is subject to a revocation. The board may compromise and settle any civil action or potential action brought or authorized to be brought by it which, in the opinion of the board, constitutes a minor violation, a violation caused by excusable neglect, or which for other good cause shown, should not in the public interest be prosecuted under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action authorized under this paragraph may be settled for such sum as may be agreed between the parties. Any settlement made by the board shall be in such amount as to deprive the alleged violator of any benefit of his or her wrongdoing and may contain a penal component to serve as a deterrent to future violations. In settling civil actions or proposed civil actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, 5.081,
19.535,
and 19.59 (8), forfeiture and license revocation actions brought by the board shall be brought in the circuit court for the county where the defendant resides, or if the defendant is a nonresident of this state, in circuit court for the county wherein the violation is alleged to occur. For purposes of this paragraph, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. Whenever the board enters into a settlement agreement with an individual who is accused of a civil violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by the board for a possible civil violation of one of those provisions, the board shall reduce the agreement to writing, together with a statement of the board's findings and reasons for entering into the agreement and shall retain the agreement and statement in its office for inspection.
Note:
There is no conflict of substance. As merged by the legislative reference bureau s. 6.47 (1) (b) reads:
(b) "Offense relating to domestic abuse, sexual assault, or stalking" means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.32, 947.013, 948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.
Section
3
.
6.47 (8) (d) of the statutes is repealed.
Note:
Section 6.47 (8) (d) provides that the municipal clerk shall provide access to names and addresses on voter lists to clerks of circuit court for the purpose of creating master jury lists under s. 756.04 (5) (a). Supreme Court Order 08-01 repealed s. 756.04 (5) (a) rendering s. 6.47 (8) (d) without effect.
Section
4
.
6.97 (title) of the statutes is amended to read:
6.97
(title)
Voting procedure for individuals not providing required
identification
proof of residence
.
Note:
Conforms title to text of section.
2005 Wis. Act 451
amended s. 6.97, stats., to substitute "proof of residence" for "identification."
Section
5
.
7.37 (13) of the statutes is amended to read:
7.37
(13)
Closing of polls.
For each polling place, the municipal clerk shall designate an official of the municipality who shall position himself or herself at the end of the line of individuals waiting to vote, if any
,
at the time that the polls officially close. The official may be an inspector or special registration deputy appointed under s. 6.55 (6) who serves at that polling place, an employee of the municipal clerk or a police officer
,
.
Only individuals in line ahead of the official shall be permitted to vote under s. 6.78 (4).
Note:
Corrects punctuation. The corrected text is printed in the 2007-08 Statutes.
Section
6
.
10.62 (intro.) of the statutes is amended to read:
10.62
Elections
Government accountability
board; spring primary and election.
(intro.) The following subsections set forth, in chronological order, dates relating to the spring primary and election or occurrences during the spring period that affect the
elections
government accountability
board:
Note:
2007 Wis. Act 1
replaced "elections board" with "government accountability board" throughout the statutes.
Section
7
.
10.68 (2) (b) of the statutes is amended to read:
10.68
(2)
(b)
Friday after 1st Tuesday in January.
4:30 p.m., on the Friday after the 1st Tuesday in January, or the following Monday if Tuesday is a holiday, is the deadline for candidates for state office or municipal judge to file statements of economic interests with the
ethics
government accountability
board unless the deadline for filing is extended. See s. 19.43 (4).
Note:
2007 Wis. Act 1
replaced "ethics board" with "government accountability board" throughout the statutes.
Section
8
.
10.72 (intro.) of the statutes is amended to read:
10.72
Elections
Government accountability
board; September primary and general election.
(intro.) The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period that affect the
elections
government accountability
board:
Note:
2007 Wis. Act 1
replaced "elections board" with "government accountability board" throughout the statutes.
Section
9
.
10.72 (8) (a) 2. of the statutes is amended to read:
10.72
(8)
(a) 2. Following the canvass, the
elections
government accountability
board issues certificates of election. See s. 7.70 (5) (a).
Note:
2007 Wis. Act 1
replaced "elections board" with "government accountability board" throughout the statutes.
Section
10
.
10.78 (2) (c) of the statutes is amended to read:
10.78
(2)
(c)
Friday after 2nd Tuesday in July.
4:30 p.m., on the Friday after the 2nd Tuesday in July, is the deadline for candidates for state office to file statements of economic interests with the
ethics
government accountability
board unless the deadline for filing is extended. See s. 19.43 (4).
Note:
2007 Wis. Act 1
replaced "ethics board" with "government accountability board" throughout the statutes.
Section
11
.
10.82 (1) (title) of the statutes is amended to read:
10.82
(1)
(title)
Elections
Government accountability
board.
Note:
2007 Wis. Act 1
replaced "elections board" with "government accountability board" throughout the statutes.
Section
12
.
15.197 (12) (i) of the statutes is amended to read:
15.197
(12)
(i) A representative of the
council on
board for people with
developmental disabilities.
Note:
2007 Wis. Act 20
, section
52b
, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.
Section
13
.
15.197 (24) (title) of the statutes is renumbered 15.207 (24) (title).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. The remainder of s. 15.197 (24) was renumbered to s. 15.207 (24) by
2007 Wis. Act 20
.
Section
14
.
16.527 (4) (h) 2. (intro.) of the statutes, as created by
2007 Wisconsin Act 20
, is amended to read:
16.527
(4)
(h) 2. (intro.) Subd. 1. shall not apply if either of the
follow
following
occurs:
Note:
Corrects spelling.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 16.75 (1m) reads:
(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, the Lower Fox River Remediation Authority, 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.
16.848
(2)
(gc) Subsection (1) does not apply to property that is subject to sale by the department of military affairs under s.
21.19 (3) or 21.42 (3)
321.03 (2) (b)
.
Note:
Corrects cross-reference. Section 21.19 (3) (a) was renumbered s. 321.03 (2) (b) by
2007 Wis. Act 200
. The remainder of s. 21.19 (3) and s. 21.42 (3) were repealed by
2007 Wis. Act 200
.
16.9645
(1)
(b) "Dispatch center" has the meaning given for "public safety answering point" in s.
146.70
256.35
(1) (gm).
Note:
Corrects cross-reference. Section 146.70 (1) (gm) was renumbered s. 256.35 (1) (gm) by
2007 Wis. Act 130
.
16.9645
(1)
(d) "Public safety agency" has the meaning given in s.
146.70
256.35
(1)
(gm)
(g)
.
Note:
Corrects cross-reference and transcription error. Section 146.70 (1) (g) was renumbered s. 256.35 (1) (g) by
2007 Wis. Act 130
. As the result of an error in transcribing
2007 Wis. Act 79
, "s. 146.70 (1) (g)," as shown in Act 79, was printed as "s. 146.70 (1) (gm)" in the 2007-08 Statutes.
Section
19
.
18.06 (7) (title) of the statutes is created to read:
18.06
(7)
(title)
Special procedures.
Note:
Reinserts title inadvertently deleted from the statutes by
2005 Wis. Act 22
. The title is printed in the 2007-08 Statutes.
Section
20
.
18.06 (8) (ar) 2. (intro.) of the statutes, as created by
2007 Wisconsin Act 20
, is amended to read:
18.06
(8)
(ar) 2. (intro.)
Subd.
Subdivision
1. shall not apply if either of the
follow
following
occurs:
Note:
Corrects spelling and citation form.
Section
21
.
18.55 (6) (e) 2. (intro.) of the statutes, as created by
2007 Wisconsin Act 20
, is amended to read:
18.55
(6)
(e) 2. (intro.) Subdivision 1. shall not apply if either of the
follow
following
occurs:
Note:
Corrects spelling.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 20.155 (3) (q) reads:
(q)
General program operations and grants.
From the wireless 911 fund, all moneys received under s. 256.35 (3m) (f) 1. to administer and make grants under s. 256.35 (3m) (d) and supplemental grants under s. 256.35 (3m) (e). No moneys may be encumbered or expended from this appropriation after April 1, 2009.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 20.435 (1) (ke), as renumbered from s. 20.435 (5) (ke) by
2008 Wisconsin Act 28
, reads:
(ke)
American Indian health projects.
The amounts in the schedule for grants for American Indian health projects under s. 250.20 (5). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 18b. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).
20.435
(7)
(o)
Federal aid; community aids.
All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b); all federal temporary assistance for needy families moneys received under
42 USC 601
to
619
that are authorized to be used to purchase or provide social services under
42 USC 1397
to
1397e
; all unanticipated federal social services block grant funds received under
42 USC 1397
to
1397e
, in accordance with s. 46.49 (2); and all federal moneys received under
42 USC 1396
to
1396v
in reimbursement of the cost of preventing out-of-home placements of children, for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the
dispersal
disbursal
of federal funds.
Note:
2007 Wis. Act 20
replaced "disbursal" with "dispersal" without strikes and underscores. The change was unintended.
20.437
(1)
(o)
Federal aid; children and family aids.
All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b); all federal moneys received as child welfare funds under
42 USC 620
to
626
as limited under s. 48.985; all federal temporary assistance for needy families moneys received under
42 USC 601
to
619
that are authorized to be used to purchase or provide social services under
42 USC 1397
to
1397e
; all unanticipated federal social services block grant funds received under
42 USC 1397
to
1397e
, in accordance with s. 48.568; for distribution under s. 48.563. Disbursements from this appropriation may be made directly to counties for services to children and families under s. 49.32 (2) (b) or 49.325 or directly to counties in accordance with federal requirements for the
dispersal
disbursal
of federal funds.
Note:
Corrects spelling.
20.445
(1)
(cr)
State supplement to employment opportunity demonstration projects.
The amounts in the schedule for the purpose of providing state funds to supplement, on a one-to-one matching basis, federal employment opportunity demonstration project funds received under
42 USC 1315
or from other federal or private foundation sources, to be allocated under s.
49.32 (11)
103.005 (21)
.
Note:
Corrects cross-reference. Section 49.32 (11) was renumbered s. 103.005 (21) by
2007 Wis. Act 20
.
Section
27
.
20.566 (2) (b) of the statutes, as created by
2007 Wisconsin Act 20
, is renumbered 20.566 (2) (bm).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 4
also created a provision numbered 20.566 (2) (b).
20.566
(3)
(gm)
Reciprocity agreement and publications.
The amounts in the schedule to provide services for the Minnesota income tax reciprocity agreement under s. 71.10 (7) and for publications except as provided in par. (g) and sub. (2)
(b)
(bm)
. All moneys received by the department of revenue in return for the provision of these services shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), at the end of the 2006-07 fiscal year, the unencumbered balance of this appropriation account shall lapse to the general fund.
Note:
Corrects cross-reference. Section 20.566 (2) (b), as created by
2007 Wis. Act 20
, is renumbered to s. 20.566 (2) (bm) by this bill.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 20.907 (5) (e) 6. reads:
6. Advances from residential care centers for children and youth and counties and moneys receivable from counties under s. 49.343.
Section
30
.
20.923 (4) (intro.) of the statutes is amended to read:
20.923
(4)
State agency positions.
(intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to
(i)
(h)
. Except for positions specified in par. (c) 3m. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:
Note:
Corrects cross-reference. Section 20.923 (4) (i) was repealed by
2007 Wis. Act 20
.
29.179
(4)
Notwithstanding ss. 29.164 (3) (cr), 29.177 (5) (b), 29.184 (6) (b),
and
29.192 (4)
,
a minor who is transferred an approval under this section shall retain all preference points that he or she has previously accumulated for that type of approval.
Note:
Inserts missing word and corrects punctuation.
Section
32
.
29.194 (title) and (1) (title) of the statutes, as affected by
2007 Wisconsin Acts 23
and
51
, are amended to read:
29.194
(title)
Approvals for students and members of the armed forces,
or
reserves, or national guard.
(1)
(title)
Certain resident licenses may be issued to students and members of the armed forces,
or
reserves, or national guard.
29.194
(1)
(b) The department shall treat a qualified member of the armed forces,
or
a qualified member of a reserve unit of the U.S. armed forces, or a qualified member of the national guard as a resident for purposes of determining the member's eligibility for and cost of obtaining a hunting, trapping, or fishing approval under this chapter. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service in the U.S. armed forces or in forces incorporated in the U.S. armed forces and that he or she is stationed in this state. A qualified member of a reserve unit of the U.S. armed forces is a person who exhibits proof that he or she is a member of a reserve unit of the U.S. armed forces located in this state. A qualified member of the national guard is a person who exhibits proof that he or she is a member of the Wisconsin national guard.
29.194
(1)
(c) In addition to being able to qualify under par. (b), for purposes of qualifying for a resident hunting or fishing approval, a member of the armed forces not stationed
in
this state or a member of a reserve unit of the U.S. armed forces not located in this state shall be treated as a resident if the member was a resident at the time he or she entered active service.
Note:
Inserts missing word.
30.133
(1)
(a)
Beginning on April 9, 1994, and except as provided in s.
30.1355
30.1335
, no owner of riparian land that abuts a navigable water may grant by an easement or by a similar conveyance any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water.
Note:
2007 Wis. Act 20
inserted "(a)" without underscores or renumbering. No change was intended. A correct cross-reference is inserted. There is no s. 30.1355.
30.1335
(3)
(b) If a marina condominium as described
in
par. (a) contains more than 300 boat slips, the declarant shall make at least 40 percent of the total number of boat slips in the marina condominium available for rent or for transient use by the public. When the declarant conveys title to, or another interest in, a condominium unit that is affected by this restriction on use, the declarant shall include a statement of the restriction in the instrument of conveyance.
Note:
Inserts missing word.
Section
37
.
30.625 (1) (a) of the statutes is amended to read:
30.625
(1)
(a) Rent or lease a motorboat for operation by a person who will be operating a motorboat for the first time in each calendar year and who does not hold a valid certificate issued under s. 30.74 (1) unless the person engaged in the rental or leasing gives the person instruction on how to operate a
t
motorboat in the manner established by the department under under s. 30.74 (1) (am).
Note:
The letter "t" is left over from the incomplete striking through of the word "watercraft" by
2005 Wis Act 356
, section
1d
. The change was printed in the 2007-08 Statutes.
Section
38
.
35.84 (figure) line 18. of the statutes is repealed.
Note:
This line provides for distribution of publications to the Revisor of Statutes Bureau, which was eliminated by
2007 Wis. Act 20
.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 20
also created a provision numbered s. 36.25 (47).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 20
, section
736x
, creates a provision also numbered s. 36.59 (7).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. Section
13
of
2007 Wis. Act 131
created a provision numbered s. 40.08 (1r), and section 26 of that act renumbered s. 40.80 (2r) (b) to s. 40.08 (1r), resulting in 2 provisions with the same number.
Section
42
.
40.08 (1u) (title) of the statutes is created to read:
40.08
(1u)
(title)
Deferred compensation plan assets.
Note:
All other subsections in s. 40.08 have titles.
2007 Wis. Act 131
, section
26
, renumbered s. 40.80 (2r) (b) to s. 40.08 (1r), but did not provide a title for the renumbered subsection. This bill renumbers s. 40.08 (1r), as renumbered from s. 40.80 (2r) (b) by
2007 Wis. Act 131
, section
26
, to be s. 40.08 (1u).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 43.30 (1b) (intro.) and (a), as renumbered and amended from s. 43.30 (1b) by
2007 Wis. Act 34
, read:
(1b)
In this section:
(a) "Custodial parent" includes any parent other than a parent who has been denied periods of physical placement with a child under s. 767.41 (4).
46.03
(38)
Automatic external defibrillator instruction.
Approve individuals, organizations, or institutions of higher education to provide instruction in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), for persons who are required as a condition of licensure, certification, or registration to have current proficiency in the use of an automatic external defibrillator.
Note:
Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by
2007 Wis. Act 130
.
46.21
(2m)
(c)
Exchange of information.
Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7)
,
and 253.07 (3) (c), a subunit of a county department of human services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a
family
long-term
care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a
family
long-term
care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.
Note:
Reinserts terminology change made by
2007 Wis. Act 20
. Act 20 changed "family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act 45
repealed and recreated the provision without taking the change in terminology into account.
46.215
(1m)
Exchange of information; long-term care.
Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c)
,
and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a
family
long-term
care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a
family
long-term
care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this subsection shall document that a request for information was received and what information was provided.
Note:
Reinserts terminology change made by
2007 Wis. Act 20
. Act 20 changed "family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act 45
repealed and recreated the provision without taking the change in terminology into account.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.215 (1p) reads:
(1p)
Exchange of information; statewide automated child welfare information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 48.47 (7g).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.22 (1) (b) 2. e. reads:
e. To make payments in such manner as the department of children and families may determine for training of recipients, former recipients and potential recipients of aid in programs established under s. 49.193, 1997 stats., and s. 49.26 (1).
46.22
(1)
(dm)
Exchange of information; long-term care.
Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c)
,
and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a
family
long-term
care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a
family
long-term
care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.
Note:
Reinserts terminology change made by
2007 Wis. Act 20
. Act 20 changed "family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act 45
repealed and recreated the provision without taking the change in terminology into account.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.22 (1) (dp) reads:
(dp)
Exchange of information; statewide automated child welfare information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 48.47 (7g).
46.23
(3)
(e)
Exchange of information; long-term care.
Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c)
,
and 938.78 (2) (a), a subunit of a county department of human services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a
family
long-term
care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a
family
long-term
care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.
Note:
Reinserts terminology change made by
2007 Wis. Act 20
. Act 20 changed "family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act 45
repealed and recreated the provision without taking the change in terminology into account.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.23 (3) (ed) reads:
(ed)
Exchange of information; statewide automated child welfare information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 48.47 (7g).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 48.645 (2) (a) 2., as renumbered from s. 46.261 (2) (a) 2. by
2007 Wis. Act 20
, reads:
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 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 the child is placed in a licensed residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1.
Section
54
.
46.283 (6) (a) 2. of the statutes, as affected by
2007 Wisconsin Act 20
, is amended to read:
46.283
(6)
(a) 2. At least one-fourth of the members of the governing board shall
be
individuals who belong to a client group served by the resource center or their family members, guardians, or other advocates. The proportion of these board members who belong to each client group, or their family members, guardians, or advocates, shall be the same, respectively, as the proportion of individuals in this state who receive services under s. 46.2805 to 46.2895 and belong to each client group.
Note:
Reinserts necessary word that was stricken by
2007 Wis. Act 20
. The phrase "individuals who belong to a client group served by the resource center" was inserted by Act 20 without scoring. The insertion was intended. See also
Section
218 of this bill.
46.2895
(13)
Dissolution.
Subject to the performance of the contractual obligations of a long-term care district and if first approved by the secretary of the department, the long-term care district may be dissolved by the joint action of the long-term care district board and each county or tribe or band that created the long-term care district and has not withdrawn or been removed from the district under sub. (14). If
the
a long-term care district that is created by one county or tribe or band is dissolved, the property of the district shall be transferred to the county or tribe or band that created it. If a long-term care district is created by more than one county or tribe or band, all of the counties or tribes or bands that created the district and that have not withdrawn or been removed from the district under sub. (14) shall agree on the apportioning of the long-term care district's property before the district may be dissolved. If the long-term care district operates a care management organization under s. 46.284, disposition of any remaining funds in the risk reserve under s. 46.284 (5) (e) shall be made under the terms of the district's contract with the department.
Note:
Deletes unnecessary word.
Section
56
.
46.40 (14m) of the statutes is amended to read:
46.40
(14m)
County community aids budgets.
Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section
, distributed under s. 46.45 (2) (a)
or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.
Note:
Deletes obsolete cross-reference. Section 46.45 (2) (a) was renumbered s. 48.565 (2) (a) by
2007 Wis. Act 20
so as to place responsibility for the distribution of unspent
children and family aids
under the Department of Children and Families. As such, funds distributed under s. 48.565 (2) would not be included in a county's
community aids
budget submitted to the Department of Health Services under s. 46.40 (14m).
Section
57
.
48.299 (6) (b) of the statutes is amended to read:
48.299
(6)
(b) The state or the attorney responsible for support enforcement who receives a referral under par. (a) shall perform the duties specified under s.
767.45
767.80
(5) (c) and (6r).
48.47
(7g)
Statewide automated child welfare information system.
Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 46, 51, 55, or 938, or
42 USC 670
to
679b
to
or to coordinate the delivery of services under this chapter, ch. 46, 51, 55, or 938, or
42 USC 670
to
679b
.
Note:
Deletes unnecessary word.
Section
59
.
48.48 (17) (c) 4. of the statutes is amended to read:
48.48
(17)
(c) 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 change was printed in 2007-08 Statutes.
Section
60
.
48.57 (3) (a) 4. of the statutes is amended to read:
48.57
(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 change was printed in the 2007-08 Statutes.
48.67
(3)
(a) That all day care center licensees, and all employees of a day care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
(b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
(c) That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.
(d) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
Note:
Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by
2007 Wis. Act 130
.
49.45
(3)
(m) 2. A person who is certified to provide transportation by specialized medical vehicle under sub. (2) (a) 11. shall ensure that every person who drives or serves as an attendant to passengers on a specialized medical vehicle, before driving or serving as an attendant, has current proficiency in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
Note:
Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by
2007 Wis. Act 130
.
Section
63
.
49.45 (6m) (i) 1. of the statutes is amended to read:
49.45
(6m)
(i) 1. On or after October 1, 1981, medical assistance payment for inpatient nursing care may only be provided for persons receiving skilled, intermediate, or limited levels of nursing care as these levels are defined under s.
HFS
DHS
132.13, Wis. Adm. Code.
Note:
The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.
Note:
There is no conflict of substance. As merged by the legislative reference bureau s. 49.47 (4) (b) 1. reads:
1. Subject to par. (bc), a home and the land used and operated in connection therewith or in lieu thereof a manufactured home or mobile home, if the home, manufactured home, or mobile home is used as the person's or his or her family's place of abode.
Section
65
.
49.471 (8) (g) 1. of the statutes, as created by
2007 Wisconsin Act 20
, is amended to read:
49.471
(8)
(g) 1. The individual or pregnant woman was covered by a group health plan that was provided by a subscriber through his or her employer, and the subscriber's employment ended for a reason other than voluntary termination, unless the voluntary termination was a result of the incapacitation of the subscriber or because
on
of
an immediate family member's health condition.
Note:
Inserts correct word.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 49.855 (3) reads:
(3)
Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of children and families or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902
(2).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 49.855 (4m) (b) reads:
(b) The department of revenue may provide a certification that it receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of children and families or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902
(2).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 50.14 (4) reads:
(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 a fiscal year shall be deposited in the Medical Assistance trust fund.
50.36
(5)
Before providing emergency services in a hospital, medical and nursing personnel shall have proficiency in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.
Note:
Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by
2007 Wis. Act 130
.
51.42
(3)
(e)
Exchange of information.
Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c)
,
and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center, a care management organization, or a
family
long-term
care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center, care management organization, or
family
long-term
care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.
Note:
Reinserts terminology change made by
2007 Wis. Act 20
. Act 20 changed "family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act 45
repealed and recreated the provision without taking the change in terminology into account.
51.437
(4r)
(b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c)
,
and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a
family
long-term
care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a
family
long-term
care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.
Note:
Reinserts terminology change made by
2007 Wis. Act 20
. Act 20 changed "family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act 45
repealed and recreated the provision without taking the change in terminology into account.
Section
72
.
51.437 (14r) (title), (a) (intro.), 1., 7. and (b) and (c) of the statutes are amended to read:
51.437
(14r)
(title)
Duties of the
council on
board for people with
developmental disabilities.
(a) (intro.) The
council on
board for people with
developmental disabilities shall:
1. Designate appropriate state or local agencies for the administration of programs and fiscal resources made available to the
council on
board for people with
developmental disabilities under federal legislation affecting the delivery of services to the developmentally disabled.
7. Notify the governor regarding membership requirements of the
council
board
and if vacancies on the
council
board
remain unfilled for a significant period of time.
(b) The
council
board
may establish such reasonable procedures as are essential to the conduct of the affairs of the
council
board
.
(c) The
council on
board for people with
developmental disabilities may or, if requested by the governor, shall coordinate recommendations of the
council
board
and the public to the governor regarding
council
board
membership.
Note:
2007 Wis. Act 20
, section
52b
, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.
51.45
(13)
(j) Upon the filing of a petition for recommitment under par. (h), the court shall fix a date for a recommitment hearing within 10 days and assure that the person sought to be recommitted is represented by counsel by referring the person to the state public defender, who shall appoint counsel for
for
the person without a determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating to notice and to access to records, names of witnesses, and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under pars. (f) and (g).
Section
74
.
51.62 (2) (a) 2. of the statutes is amended to read:
51.62
(2)
(a) 2. The
council on
board for people with
developmental disabilities and the council on mental health.
Note:
2007 Wis. Act 20
, section
52b
, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.
Section
75
.
51.62 (2) (b) 2. a. of the statutes is amended to read:
51.62
(2)
(b) 2. a. The
council on
board for people with
developmental disabilities and the council on mental health.
Note:
2007 Wis. Act 20
, section
52b
, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.
Section
76
.
54.46 (5) (title) of the statutes, as affected by
2005 Wisconsin Act 387
, section
360
, is renumbered 54.46 (4) (title).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2005 Wis. Act 387
renumbered s. 880.13 (title) to s. 54.46 (5) (title), but renumbered the remainder of s. 880.13 to s. 54.46 (4).
55.001
Declaration of policy.
The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder
disorders
, developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 55.10 (4) (a) reads:
(a)
Counsel.
The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall refer the individual to the state public defender as provided under s. 55.105 for appointment of legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under ch. 54, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.
55.135
(1)
If, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s.
967.06 and ch. 977, if the individual is a minor or is indigent
55.105
. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.
Note:
2007 Wis. Act 45
repealed and recreated this provision without taking the treatment by Act 20 into account. The change made by
2007 Wis. Act 20
replaced the stricken language in the then existing s. 55.135 (1) with the cross-reference to s. 55.105, which was created by Act 20 to make specific provision for attorneys in ch. 55 actions. The cross-reference to s. 55.105 is reinserted.
55.14
(7)
Upon the filing of a petition under this section, the court shall
appoint
make a referral for appointment of legal
counsel as
required
provided
under s.
55.10 (4) (a)
55.105
. A petition under this section shall be heard within 30 days after it is filed.
Note:
2007 Wis. Act 45
repealed and recreated this provision without taking the treatment by
2007 Wis. Act 20
into account. This provision reinserts the changes made by Act 20.
Section
81
.
55.19 (1m) (title) of the statutes is created to read:
55.19
(1m)
(title)
County agreement.
Note:
Section 55.19 (1m) was repealed and recreated by
2007 Wis. Act 45
without a title. The previous title is restored. All other subsections of s. 55.19 have titles. The subject matter of s. 55.19 (1m) was unchanged. The title is printed in the 2007-08 Statutes.
66.0137
(4)
Self-insured health plans.
If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4)
,
(5), and (6), 632.885, 632.895 (9) to (17), 632.896, and 767.513 (4).
Note:
The underscored comma was printed in the 2007-08 Statutes and is confirmed here.
Note:
There is no conflict of substance. As merged by the legislative reference bureau s. 66.0230 (1) (a) reads:
66.0230
(1)
(a) In addition to the method described in s. 66.0229 (1) and subject to subs. (2), (3), and (4) and to ss. 66.0301 (6) (d) and 66.0307 (7), all or part of a town may consolidate with a contiguous city or village by ordinance passed by a two-thirds vote of all of the members of each board or council and ratified by the electors at a referendum held in each municipality.
66.0420
(2)
(a) "Affiliate
",
,"
when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.
Note:
Places comma before quotation mark consistent with current style.
66.0617
(9)
(a) Subject to
.
pars. (b), (c), and (d), and with regard to an impact fee that is collected after April 10, 2006, an ordinance enacted under this section shall specify that impact fees that are collected by a municipality within 7 years of the effective date of the ordinance, but are not used within 10 years after the effective date of the ordinance to pay the capital costs for which they were imposed, shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in sub. (8). The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 10-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.
Note:
Deletes extraneous period inadvertently retained when striking material in
2007 Wis. Act 44
.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 66.0617 (9) (b) reads:
(b) The 10-year time limit for using impact fees that is specified under par. (a) may be extended for 3 years if the municipality adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 10-year limit, it needs an additional 3 years to use the impact fees that were collected. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this paragraph.
67.12
(12)
(a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 119.498, 145.245 (12m), 281.58, 281.59, 281.60, 281.61, and 292.72
,
issued to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, or issued by a 1st class city or a county having a population of 500,000 or more, to pay unfunded prior service liability with respect to an employee retirement system, shall be repaid within 20 years after the original date of the note.
Note:
Inserts necessary comma.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 71.07 (3w) (a) 6. reads:
6. "Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in an enterprise zone. "Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.
71.26
(2)
(a) 5. Plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the Internal Revenue Code as modified under sub. (3)
,
.
Note:
Deletes unnecessary comma. The change is printed in the 2007-08 Statutes.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 71.28 (3w) (a) 6. reads:
6. "Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in an enterprise zone. "Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 71.47 (3w) (a) 6. reads:
6. "Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in an enterprise zone. "Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.
73.03
(2a)
To prepare and publish, in electronic form and on the Internet, assessment manuals. The manual shall discuss and illustrate accepted assessment methods, techniques and practices with a view to more nearly uniform and more consistent assessments of property at the local level. The manual shall be amended by the department from time to time to reflect advances in the science of assessment, court decisions concerning assessment practices, costs, and statistical and other information considered valuable to local assessors by the department. The manual shall incorporate standards for the assessment of all types of renewable energy resource systems used in this state as soon as such systems are used in sufficient numbers and sufficient data exists to allow the formulation of valid guidelines. The manual shall incorporate standards, which the department of revenue and the state historical society of Wisconsin shall develop, for the assessment of nonhistoric property in historic districts and for the assessment of historic property, including but not limited to property that is being preserved or restored; property that is subject to a protective easement, covenant or other restriction for historic preservation purposes; property that is listed in the national register of historic places in Wisconsin or in this state's register of historic places and property that is designated as a historic landmark and is subject to restrictions imposed by a municipality or by a landmarks commission. The manual shall incorporate general guidelines about ways to determine whether property is taxable in part under s. 70.1105 and examples of the ways that s. 70.1105 applies in specific situations. The manual shall state that assessors are required to comply with s. 70.32 (1g) and shall suggest procedures for doing so. The manual or a supplement to it shall specify per acre value guidelines for each municipality for various categories of agricultural land based on the income that could be generated from its estimated rental for agricultural use, as defined by rule, and capitalization rates established by rule. The manual shall include guidelines for classifying land as agricultural land, as defined in s. 70.32 (2) (c) 1g., and guidelines for distinguishing between land and improvements to land. The manual shall specify the evidence to be exchanged under s. 70.47 (7) (c) and (16) (c). The cost of the development, preparation, and Internet publication of the manual and of revisions and amendments to it shall be paid from the appropriation under s. 20.566 (2)
(b)
(bm)
.
Note:
Corrects cross-reference. Section 20.566 (2) (b), as created by
2007 Wis. Act 20
, is renumbered to s. 20.566 (2) (bm) by this bill.
Note:
There is no conflict of substance. As merged by the legislative reference bureau and amended in the next section of this bill, s. 76.636 (1) (e) reads:
(e) "Member of a targeted group" means 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.
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.
3. A person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m).
4. A person who is eligible for child care assistance under s. 49.155.
5. A person who is a vocational rehabilitation referral.
6. An economically disadvantaged youth.
7. An economically disadvantaged veteran.
8. A supplemental security income recipient.
9. A general assistance recipient.
10. An economically disadvantaged ex-convict.
11. A qualified summer youth employee, as defined in
26 USC 51
(d) (7).
12. A dislocated worker, as defined in
29 USC 2801
(9).
13. A food stamp recipient.
76.636
(1)
(e) 3. A person who is employed in a trial job, as defined in s. 49.141 (1) (n)
,
or in a real work, real pay project position under s. 49.147 (3m)
,
.
Note:
The inserted comma was deleted by
2007 Wis. Act 97
, but is necessary to accommodate the treatment by
2007 Wis. Act 20
. The deleted comma was inserted by Act 20 but was rendered surplusage by the treatment by Act 97.
Section
95
.
79.10 (7m) (c) of the statutes, as created by
2007 Wisconsin Act 190
, is renumbered 79.10 (7m) (cm).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 20
also created a provision numbered s. 79.10 (7m) (c).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 30
also created a provision numbered s. 84.1023.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 6
also created a provision numbered s. 84.1024.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 76
also created a provision numbered s. 100.55.
Section
99
.
101.16 (3r) (f) and (g) of the statutes, as created by
2007 Wisconsin Act 203
, are amended to read:
101.16
(3r)
(f) A 3rd party that issues a surety bond,
a
letter of credit, or general liability insurance to a retail supplier for purposes of this subsection shall provide written notice to the retail supplier and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the bond, letter, or insurance.
(g) A retail supplier that cancels or fails to renew a surety bond,
a
letter of credit, or general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the bond, letter, or insurance. Upon receipt of the notice, the department shall revoke the retail supplier's license issued under sub. (3g).
Note:
Inserts articles for proper sentence agreement.
101.66
(1m)
(bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under s. 36.25
(47)
(48)
and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.
Note:
Section 36.25 (47), as created by
2007 Wis. Act 208
, is renumbered to s. 36.25 (48) by this bill.
101.977
(2)
(bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under s. 36.25
(47)
(48)
and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.
Note:
Section 36.25 (47), as created by
2007 Wis. Act 208
, is renumbered to s. 36.25 (48) by this bill.
Section
102
.
102.17 (1) (cg) 3. of the statutes is amended to read:
102.17
(1)
(cg) 3. The
subunit of the
department
that obtains a social security number or a federal employer identification number under subd. 1.
of workforce development
may not disclose
the social security number or the federal employer identification number
any information received under subd. 1.
to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or
on the request of the subunit of
the department
that administers the child and spousal support program under
of children and families for purposes of administering
s. 49.22
(2m)
.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
103
.
102.17 (1) (cm) of the statutes is amended to read:
102.17
(1)
(cm) The department
of workforce development
shall deny, suspend, restrict, refuse to renew
,
or otherwise withhold a license under par. (c) for failure of the applicant or agent 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 of the applicant or agent to comply, after appropriate notice, with a subpoena or warrant issued by the department
of children and families
or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
104
.
102.33 (2) (b) 5. of the statutes is amended to read:
102.33
(2)
(b) 5. The requester is the
subunit of the
department
that administers child and spousal support
of children and families
or a county child support agency under s. 59.53 (5), the request is made under s. 49.22 (2m)
,
and the request is limited to the name and address of the employee who is the subject of the record, the name and address of the employee's employer
,
and any financial information about that employee contained in the record.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
105
.
103.275 (2) (bg) 3. of the statutes is amended to read:
103.275
(2)
(bg) 3. The
subunit of the
department
that obtains a social security number or a federal employer identification number under subd. 1.
of workforce development
may not disclose
the social security number or the federal employer identification number
any information received under subd. 1.
to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or
on the request of the subunit of
the department
that administers the child and spousal support program under
of children and families for purposes of administering
s. 49.22
(2m)
.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
106
.
103.275 (2) (bm) of the statutes is amended to read:
103.275
(2)
(bm) The department
of workforce development
shall deny, suspend, restrict, refuse to renew
,
or otherwise withhold a house-to-house employer certificate for failure of the applicant or house-to-house employer 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 of the applicant or house-to-house employer to comply, after appropriate notice, with a subpoena or warrant issued by the department
of children and families
or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding sub. (7) and s. 103.005 (10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in sub. (7) and ch. 227.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
107
.
103.91 (2) (b) 3. of the statutes is amended to read:
103.91
(2)
(b) 3. The
subunit of the
department
that obtains a social security number or a federal employer identification number under subd. 1.
of workforce development
may not disclose
the social security number or the federal employer identification number
any information received under subd. 1.
to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or
on the request of the subunit of
the department
that administers the child and spousal support program under
of children and families for purposes of administering
s. 49.22
(2m)
.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
108
.
103.91 (4) (b) of the statutes is amended to read:
103.91
(4)
(b) The department
of workforce development
shall deny, suspend, restrict, refuse to renew
,
or otherwise withhold a certificate of registration under sub. (1) for failure of the applicant or registrant 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 of the applicant or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department
of children and families
or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
109
.
103.92 (1) (b) 3. of the statutes is amended to read:
103.92
(1)
(b) 3. The
subunit of the
department
that obtains a social security number or a federal employer identification number under subd. 1.
of workforce development
may not disclose
the social security number or the federal employer identification number
any information received under subd. 1.
to any person except to the department of revenue for the sole purpose of requesting certifications under. s. 73.0301 or
on the request of the subunit of
the department
that administers the child and spousal support program under
of children and families for purposes of administering
s. 49.22
(2m)
.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
110
.
103.92 (6) of the statutes is amended to read:
103.92
(6)
Failure to pay support or to comply with subpoena or warrant; memorandum of understanding.
The department
of workforce development
shall deny, suspend, restrict, refuse to renew
,
or otherwise withhold a certificate to operate a migrant labor camp for failure of the applicant or person operating the camp 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 of the applicant or person operating the camp to comply, after appropriate notice, with a subpoena or warrant issued by the department
of children and families
or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided in a memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
111
.
104.07 (4) (c) of the statutes is amended to read:
104.07
(4)
(c) The
subunit of the
department
that obtains a social security number or a federal employer identification number under par. (a)
of workforce development
may not disclose
the social security number or the federal employer identification number
any information received under par. (a)
to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or
on the request of the subunit of
the department
that administers the child and spousal support program under
of children and families for purposes of administering
s. 49.22
(2m)
.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
112
.
104.07 (5) of the statutes is amended to read:
104.07
(5)
The department
of workforce development
shall deny, suspend, restrict, refuse to renew
,
or otherwise withhold a license under sub. (1) or (2) for failure of the applicant or licensee 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 of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department
of children and families
or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
113
.
105.06 (1m) (c) of the statutes is amended to read:
105.06
(1m)
(c) The
subunit of the
department
that obtains a social security number or a federal employer identification number under par. (a)
of workforce development
may not disclose
the social security number or the federal employer identification number
any information received under par. (a)
to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or
on the request of the subunit of
the department
that administers the child and spousal support program under
of children and families for purposes of administering
s. 49.22
(2m)
.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
114
.
105.13 (2) of the statutes is amended to read:
105.13
(2)
The department
of workforce development
shall deny, suspend, restrict, refuse to renew
,
or otherwise withhold an employment agent's license for failure of the applicant or licensee 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 of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department
of children and families
or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 103.005 (10), any action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.
Note:
The responsibility for administering the child support program under ch. 49 was transferred from the Department of Workforce Development to the Department of Children and Families by
2007 Wisconsin Act 20
.
Section
115
.
108.02 (13) (c) 1. of the statutes is amended to read:
108.02
(13)
(c) 1. Any employing unit which
employees
employs
an individual in agricultural labor shall become an employer as of the beginning of any calendar year if the employing unit paid or incurred a liability to pay cash wages for agricultural labor which totaled $20,000 or more during any quarter in either that year or the preceding calendar year, or if the employing unit employed as many as 10 individuals in some agricultural labor for some portion of a day on at least 20 days, each day being in a different calendar week, whether or not such weeks were consecutive, in either that year or the preceding calendar year.
Note:
Corrects error in transcribing
1987 Wis. Act 38
. The change is printed in the 2007-08 Statutes.
Section
116
.
108.02 (17m) (title) of the statutes is created to read:
108.02
(17m)
(title)
Indian tribe.
Note:
The other subsections in s. 108.02 have titles.
Section
117
.
108.151 (7) (h) of the statutes, as affected by
2007 Wisconsin Act 59
, is amended to read:
108.151
(7)
(h) If the payroll of an employer for any quarter is adjusted to decrease the amount of the payroll after
a
an
employment and wage report for the employer is filed under s. 108.205 (1), the department shall refund any assessment that is overpaid by the employer under this subsection as a result of the adjustment.
Note:
Inserts correct article.
115.395
(2)
Beginning in the 2008-09 school year, the board may apply to the department of administration for an annual grant of up to $10,000,000 to implement initiatives to improve pupil academic achievement in all grades, such as employing licensed teachers to tutor pupils who are struggling academically, or employing persons to coordinate the district's instructional programs and provide ongoing professional development for teachers. The board shall submit with its application a plan for the department of administration's approval describing the initiatives for which the grant will be used, describing the research showing that the initiatives have a positive effect on pupil academic achievement, and including criteria for evaluating the effectiveness of the initiatives, such as high school graduation rates or the results of the statewide pupil assessments under
ch.
s.
118.30.
Note:
Corrects citation form.
115.42
(2)
(c) The amount of each grant under par. (a) shall be $5,000 in any school year in which the recipient is employed in a school in which at least 60 percent of the pupils enrolled are eligible for a free or reduced-price lunch under
42 USC 1758
(6)
(b)
.
Note:
Corrects cross-reference. There is no
42 USC 1758
(6).
42 USC 1758
(b) relates to eligibility for free and reduced price lunches.
Section
120
.
115.77 (1m) (c) of the statutes is amended to read:
115.77
(1m)
(c) Ensures that children participating in early intervention programs under s. 51.44 who will participate in preschool programs assisted under this subchapter experience a smooth and effective transition to those preschool programs and that, by the 3rd birthday of such a child, an individualized education program has been developed and is being implemented for the child. The local educational agency shall participate in transition planning conferences arranged by the county administrative agency, as defined in s.
HFS
DHS
90.03 (10), Wis.
adm. code
Adm. Code
.
Note:
The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. Capitalization is conformed to current style. The changed agency prefix is printed in the 2007-08 Statutes.
Section
121
.
115.812 (3) (a) of the statutes is amended to read:
115.812
(3)
(a) A school board, cooperative educational service agency and county children with disabilities education board may enter into an agreement with a county administrative agency, as defined in s.
HFS
DHS
90.03 (10), Wis.
adm. code
Adm. Code
, to allow the employees of the school board, agency or county children with disabilities education board to participate in the performance of evaluations and the development of individualized family service plans under s. 51.44.
Note:
The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. Capitalization is conformed to current style. The changed agency prefix is printed in the 2007-08 Statutes.
Section
122
.
134.405 (1) (f) 1. of the statutes, as created by
2007 Wisconsin Act 64
, is amended to read:
134.405
(1)
(f) 1. A metal article stamped, engraved, stenciled, or otherwise marked to identify the article as the property of a governmental entity, telecommunications provider, public utility, cable operator, as defined in s.
66.0419 (2) (b)
66.0420 (2) (d)
, or an entity that produces, transmits, delivers, or furnishes electricity, or transportation, shipbuilding, ship repair, mining, or manufacturing company.
Note:
Section 66.0419 (2) (b) was repealed by
2007 Wis. Act 42
. The definition in s. 66.0420 (2) (d) cross-references a federal definition, and the definition in former s. 66.419 (2) (b) followed the federal definition, rather than cross-referencing it.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 130
renumbered the section title and subsections (2) to (13) of s. 146.50 to s. 256.15 and renumbered s. 146.50 (1) in parts to s. 256.01 or 256.15 but did not take into account the creation of s. 146.50 (9m) by
2007 Wis. Act 104
.
Section
124
.
146.555 of the statutes, as created by
2007 Wisconsin Act 104
, is renumbered 256.13 and amended to read:
256.13
Cardiocerebral resuscitation.
Any person who offers certification in cardiopulmonary resuscitation shall provide the written information on cardiocerebral resuscitation that is prepared by the emergency medical services board under s.
146.58 (9)
256.04 (9)
to each individual to whom the person provides instruction in cardiopulmonary resuscitation.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. This section is renumbered for consistency with the renumbering of s. 146.50 to 146.59 by
2007 Wis. Act 130
. Section 146.58 (9), as created by
2007 Wis. Act 104
, is renumbered to 256.04 (9) by this bill.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. The remainder of s. 146.58 was renumbered to s. 256.04 by
2007 Wis. Act 130
without taking the creation of sub. (9) by
2007 Wis. Act 104
into account.
Section
126
.
146.70 (3m) (d) 1. of the statutes is renumbered 256.35 (3m) (d) 1.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. The remainder of s. 146.70 was renumbered to s. 256.35 by
2007 Wis. Act 130
.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 153.05 (2r) (intro.) reads:
(2r)
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 services, in its capacity as a public health authority, may expend moneys, to contract 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 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:
Section
128
.
154.30 (3) (a) 1. of the statutes, as created by
2007 Wisconsin Act 58
, is amended to read:
154.30
(3)
(a) 1. The disposition of any unrevoked anatomical gift made by the decedent under s. 157.06
(2)
or made by an individual other than the decedent under s. 157.06
(3) or (4)
.
Note:
2007 Wis. Act 106
repealed and recreated s. 157.06 reorganizing and updating the material relating to anatomical gifts so that the specific cross-references no longer apply.
Section
129
.
154.30 (3) (b) 4. of the statutes, as created by
2007 Wisconsin Act 58
, is amended to read:
154.30
(3)
(b) 4. An individual for whom a determination is made
under
by the probate court under par. (c) 2. b. that the individual and the decedent were estranged at the time of death.
Note:
Deletes unnecessary word.
Section
130
.
157.06 (6) (a) (intro.) of the statutes, as affected by
2007 Wisconsin Act 106
, is amended to read:
157.06
(6)
(a) (intro.) Subject to sub. (8), a donor may amend an anatomical gift of his
or
her body or part by doing any of the following:
Note:
Inserts missing word.
Section
131
.
157.06 (12) (a) (intro.) of the statutes, as affected by
2007 Wisconsin Act 106
, is amended to read:
157.06
(12)
(a) (intro.) If any of the following persons reasonably believes an individual to be dead or near death, the person shall make a reasonable search of the individual for a record of gift or a record of refusal or other information identifying the individual as a donor or as an individual who has refused to make an anatomical gift
.
:
Note:
Replaces punctuation consistent with current style.
157.06
(25m)
(c) If a person makes
an
anatomical gift in the manner provided in sub. (10) (a) 2. or 3., the individual receiving the oral communication shall read aloud to the person
,
the sentences required under par. (a). If the anatomical gift is made in the manner provided in sub. (10) (a) 3., the individual who reduces the anatomical gift to a record shall note on the record that the person making the anatomical gift has been read the sentences required under par. (a) and note any limitations that the person making the anatomical gift imposes on the use of any bones or tissues that are the subject of the anatomical gift or any limitations on the types of organizations that recover, process, or distribute such bones or tissues.
Note:
Inserts a missing article and deletes unnecessary comma.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 165.85 (3) (cm) reads:
(cm) Decertify law enforcement, tribal law enforcement, jail or 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 children and families 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 children and families 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).
Section
134
.
183.0906 (1) to (4) of the statutes are renumbered 183.0906 (1m) (a) to (d).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2007 Wis. Act 133
renumbered s. 183.0906 (intro.) to s. 183.0906 (1m) (intro.) but did not renumber the subsequent subsections, resulting in an incorrect numbering scheme.
Section
135
.
196.374 (5) (bm) 1. of the statutes, as affected by
2005 Wisconsin Act 141
, is amended to read:
196.374
(5)
(bm) 1. The commission shall commence a proceeding for
for
creating a proposal for allocating within different classes of customers an equitable distribution of the recovery of the amounts under par. (a) by all energy utilities. The purpose of the allocation is to ensure that customers of an energy utility within a particular class are treated equitably with respect to customers of other energy utilities within the same class. No later than December 31, 2008, the commission shall submit the proposal to the governor and chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3).
233.04
(10)
255.35
If Children's Hospital and Health System ceases to operate a poison control center under s. 255.35, administer a statewide poison control program.
Section
137
.
251.20 (3) of the statutes is amended to read:
251.20
(3)
Additional required services for Level II and Level III local health departments under s. 251.05 (2) (b) and (c), including services that
DHFS
the department of health services
determines appropriately address objectives or services specified in the most recent public health agenda
t
under s. 250.07 (1) (a).
Note:
A letter was inadvertently not stricken by
2005 Wis. Act 198
. The "t" is not printed in the 2007-08 Statutes. Consistent with current style, a department abbreviation is replaced with the current department name.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 253.15 (8) reads:
(8)
Identification of shaken or impacted babies.
The department of health services shall identify all infants and young children who have shaken baby syndrome or who are impacted babies and all infants and young children who have died as a result of being shaken or thrown by using the statewide automated child welfare information system established under s. 48.47 (7g) and child fatality information compiled by the department of justice. For each infant or young child so identified, the department of health services shall document the age, sex, and other characteristics of the infant or young child that are relevant to the prevention of shaken baby syndrome and impacted babies and, if known, the age, sex, employment status, and residence of the person who shook or threw the infant or young child, the relationship of that person to the infant or young child, and any other characteristics of that person that are relevant to the prevention of shaken baby syndrome and impacted babies.
254.47
(6)
Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in s.
146.50
256.15
(1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under s. 46.03 (38) to provide such instruction.
Note:
Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by
2007 Wis. Act 130
.
Note:
No other subsections in s. 254.59 have titles.
281.344
(1)
(wp) 2. For a system for providing a public water supply, the equipment from the point of intake of the water to
the
first point at which the water is distributed.
Note:
Inserts "the" consistent with s. 281.344 (1) (wp) 1.
281.346
(1)
(wp) 2. For a system for providing a public water supply, the equipment from the point of intake of the water to
the
first point at which the water is distributed.
Note:
Inserts "the" consistent with s. 281.346 (1) (wp) 1.
Section
143
.
281.346 (5e) (c) 2. of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
281.346
(5e)
(c) 2. Beginning on December 8, 2011, except as provided in subd. 3., the department may not approve a water supply service area plan under s. 281.348 that provides for increasing, before December 8, 2021, the amount of a withdrawal that is covered under an individual permit issued under
s.
sub. (5) if after the increase the withdrawal would equal 10,000,000 or more gallons per day for any 30 consecutive days over the baseline, or, if the department issued a modified permit for the withdrawal and the modification was subject to the compact decision-making standard under sub. (6), the withdrawal would equal 10,000,000 gallons per day for any 30 consecutive days over the withdrawal amount as of the date that the department issued that modified permit, unless the increased withdrawal meets the compact decision-making standard under sub. (6).
Note:
Deletes unnecessary "s." The change was printed in the 2007-08 Statutes and is confirmed here.
281.346
(9)
(d) 1. The department shall provide an opportunity for any interested person or group of persons, any affected local governmental unit, or any state agency to request a public hearing with respect to a proposal for which the department receives an application
under
to which par. (b) 1. applies or on a proposed general permit under sub. (4s) (a). A request for a public hearing shall be filed with the department within 30 days after the department gives notice under par. (b). The party filing a request for a public hearing shall indicate the interest of the party and the reasons why a hearing is warranted. The department shall hold a public hearing on a proposal for which the department receives an application to which par. (b) 1. applies or on a proposed general permit under sub. (4s) (a) if the department determines that there is a significant public interest in holding a hearing.
Note:
Deletes unnecessary word.
281.346
(11)
(a) 2. The department shall create the water resources inventory under subd. 1. no later than June 1, 2014, or the first day of the 60th month beginning after the compact's effective date
,
whichever is later.
Note:
Inserts missing comma.
Section
146
.
281.35 (1) (d) of the statutes is amended to read:
281.35
(1)
(d) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from
Trois Rivieres
Trois-Rivieres
, Quebec.
Note:
Corrects spelling.
281.35
(4)
(a) 4. A person to whom a permit under s.
281.244
281.344
(5) or 281.346 (5) has been issued or who is required to obtain a permit under one of those provisions before beginning or increasing a withdrawal.
Note:
Inserts correct cross-reference. There is no s. 281.244.
Section
148
.
281.35 (5) (d) 2. of the statutes is amended to read:
281.35
(5)
(d) 2. That the proposed withdrawal does not conflict with any applicable plan for future uses of the waters of the state, including plans developed under ss. 281.12 (1) and 283.83
and any water quantity resources plan prepared under sub. (8)
.
Section
149
.
281.48 (5p) (title) of the statutes is created to read:
281.48
(5p)
(title)
Limit on local regulation.
Note:
The remaining subsections in s. 281.48 have titles.
Section
150
.
281.49 (10) (title) of the statutes is created to read:
281.49
(10)
(title)
Septage disposal fees.
Note:
The remaining subsections in s. 281.49 have titles.
Section
151
.
281.69 (1b) (ag) of the statutes is amended to read:
281.69
(1b)
(ag)
In this section, "lake"
"Lake"
includes a flowage.
Note:
Deletes language repeated from s. 281.69 (1b) (intro.).
285.48
(4)
(b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a)
or (b)
or programs under s. 196.374.
Note:
There is no conflict of substance. As merged by the legislative reference bureau s. 301.45 (1d) (b) reads:
(b) "Sex offense" means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim's parent.
Section
154
.
301.46 (4) (a) 10m. of the statutes, as created by
2007 Wisconsin Act 20
, is amended to read:
301.46
(4)
(a) 10m. The department
of
children and families.
Note:
Inserts missing word.
301.48
(2)
(b) 2. A court discharges the person under
s. 980.10, 2003 stats. or
s. 980.09 (4). This subdivision does not apply if the person was on supervised release immediately before being discharged.
Note:
2007 Wis. Act 20
deleted the cross-reference to s. 980.10 from this provision.
2007 Wis. Act 96
, a correction bill, changed the location of the cross-reference within the provision to conform to current style and allow for proper electronic linking but without taking the treatment of Act 20 into account and without intending to recreate a deleted cross-reference.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 301.48 (3) (c) reads:
(c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (9).
321.40
(5)
(b) If the U.S. congress establishes an active draft after July 1, 1977, no new tuition grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the tuition grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to sub.
(4)
(3)
(d) and par. (a).
Note:
Corrects cross-reference. There is no s. 321.40 (4) (d).
2007 Wis. Act 200
renumbered s. 21.49 (3) to s. 321.40 (3), and renumbered s. 21.49 (4) to s. 321.40 (5) but changed the cross-reference to "sub. (3) (d)" in s. 21.49 (4) (b) to "sub. (4) (d)" in s. 321.40 (5) (b).
Section
158
.
321.40 (6) (d) of the statutes, as created by
2007 Wisconsin Act 200
, is renumbered 321.40 (5) (d).
Note:
There are no other paragraphs in s. 321.40 (6). Section 321.40 (5) lists limitations on tuition grants and s. 321.40 (6) (d) is also a limitation on tuition grants.
322.0587
(4)
If the sentence of a member who forfeits pay and allowances under sub. (1) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in sub.
(1) (b)
(2)
, the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
Note:
Corrects cross-reference. There is no s. 322.0587 (1) (b). Punishments are under s. 322.0587 (2).
322.0767
(1)
(c) Upon receiving a report under s.
971.17
971.14
(5) (b), the court-martial shall make a determination as to whether the person has become competent. If the court-martial determines that the defendant has become competent, the court-martial shall terminate the commitment to the department of health services and resume the general court-martial. If the court-martial determines that the person is making sufficient progress toward becoming competent, the commitment shall continue. If the court-martial determines that the person is not likely to become competent to proceed in the time period specified under s. 971.14 (5) (a), the court-martial shall suspend or terminate the commitment order under this subsection.
Note:
Corrects cross-reference. There is no s. 971.17 (5) (b). Section 971.14 (5) (b) provides for reexamination and reports regarding a person initially determined to be incompetent to stand trial.
341.47
(3)
A vehicle
which
that
is being transported in tow on its own wheels or under its own power from a distributor, a dealer, the manufacturer, or a branch of the manufacturer to the purchaser, or from any location to a distributor, a dealer, the manufacturer, or a branch of
the
manufacturer, by a transporter of vehicles who is a 3rd party with no ownership interest in the vehicle, need not be registered if such vehicle has displayed upon it valid registration plates issued to the transporter pursuant to s. 341.51. The requirement under this subsection that the vehicle be transported in tow on its own wheels or under its own power does not apply to trailers, semitrailers
,
or truck tractors.
Note:
"The" was deleted by
2007 Wis. Act 175
without being shown as stricken. No change was intended.
Section
162
.
342.16 (1) (a) of the statutes is amended to read:
342.16
(1)
(a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall process the application for certificate of title, and within the next business day after processing the application, the dealer shall mail or deliver the original application for certificate and all associated materials required by the department to the department
.
A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.
Note:
The underscored period was inadvertently deleted by
2005 Wis. Act 25
. The period is printed in the 2007-08 Statutes.
343.14
(2)
(br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.
Note:
2007 Wis. Act 20
, section
3244b
, amended s. 343.14 (2) (br), as affected by
2007 Wis. Act 20
, section
3243
. Section 3244b changed a reference to the department of workforce development to be a reference to the department of children and families, while section 3243 made various changes related to implementing the federal REAL ID act. Section 3244b took effect on 7-1-08; however, section 3243 has
not
taken effect, because its effective date is contingent upon an event that has not yet occurred. (See section 9448 (1) of Act 20 for the effective date.) This
Section
repeals and recreates the provision so that it reflects the changes made by section 3244b, but not the changes made by section 3243, effective immediately. The following
Section
amends the provision, as affected by this
Section
, so that it reflects the changes made by section 3243, effective on the date that section 3243 takes effect or on the day after publication of this bill, whichever is later.
Section
164
.
343.14 (2) (br) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
343.14
(2)
(br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number
and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c)
. The form of the statement shall be prescribed by the department
, with the assistance of the department
of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.
Note:
See the note following the preceding
Section
.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective as of the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), s. 343.235 (3) (a) reads:
(a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, a federal governmental agency, or the commission to perform a legally authorized function.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective as of the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), of
2007 Wis. Act 20
, section
3378
, s. 343.50 (3) reads:
(3)
Design and contents of card.
The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY." The information on the card shall be the same as specified under s. 343.17 (3). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08 (see
Section
229 of this bill), s. 343.50 (8) (b) reads:
(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, a procurement organization as provided in sub. (4m) (a), the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs for which disclosure is authorized under s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).
Section
168
.
343.71 (1m) (b) of the statutes is amended to read:
343.71
(1m)
(b) A file containing a copy of every agreement required under this paragraph. No driver school or instructor may provide lessons, lectures, tutoring or other services relating to instructions in the operation of motor vehicles unless a written agreement in a form approved by the department has been executed by the school and either the student if the student is at least 18 years of age or, if the student is under 18 years of age, the student's parent or legal guardian. The
s
driver school shall give the student, or the parent or guardian if the student is under 18 years of age, the original agreement and shall retain and preserve a duplicate copy of the agreement.
Note:
A letter was inadvertently not stricken by
2005 Wis. Act 397
. The "s" is not printed in the 2007-08 Statutes.
346.65
(2c)
In sub. (2) (am) 2., 3., 4., 5., 6., and 7., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 5
.
, 6., and 7.
Note:
Inserts necessary period. The change is printed in the 2007-08 Statutes.
348.01
(2)
(ax) "Forestry biomass"
has the meaning given in s. 26.385 (1)
means byproducts and waste generated by the practice of forestry on forestry lands
.
Note:
Section 26.385 was repealed by
2007 Wis. Act 20
. The definition contained in s. 26.385 (1), 2005 stats., replaces the cross-reference to that provision.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 348.21 (3g) (intro.) reads:
(3g)
Any person who, while operating a vehicle combination 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 in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-09, s. 440.91 (1) (c) 1. reads:
1. The renewal dates for licenses granted under par. (b) are specified in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts for a cemetery.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-09, s. 447.05 reads:
447.05
Expiration and renewal.
Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the department under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
450.071
(1)
No person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs. The board shall exempt a manufacturer that distributes prescription drugs or
devises
devices
manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.
Note:
Corrects spelling.
Section
175
.
455.02 (2m) (L) of the statutes is amended to read:
455.02
(2m)
(L) A mental health professional who has met all of the qualifications under s.
HFS
DHS
61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s.
HFS
DHS
61.95, Wis. Adm. Code, if the person is performing activities that are a part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and is performing those activities solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.
Note:
The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.
Section
176
.
457.02 (6) (b) 2. of the statutes is amended to read:
457.02
(6)
(b) 2. The person is a mental health professional who meets all of the qualifications under s.
HFS
DHS
61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s.
HFS
DHS
61.95, Wis. Adm. Code, if the person's practice of psychotherapy is a part of the duties for which he or she is employed by such a clinic and the person practices psychotherapy solely within the confines of or under the jurisdiction of the clinic.
Note:
The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.
Section
177
.
461.02 (2) (d) and (e) of the statutes, as created by
2007 Wisconsin Act 189
, are amended to read:
461.02
(2)
(d) A statement of ownership, which shall include the name and business experience of every controlling person, as defined in s.
460.01
461.01
(3) (a), of the applicant.
(e) A statement of management, which shall include the name and business experience of every controlling person, as defined in s.
460.01
461.01
(3) (b), of the applicant.
Note:
Inserts correct cross-reference. There is no s. 460.01 (3) (a) or (b). "Controlling person," is defined in s. 461.01 (3) as follows:
(3) "Controlling person" means any of the following:
(a) A person who, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 25 percent or more of the ownership interest of an applicant or registrant.
(b) A person who serves as president or chief executive officer of an applicant or registrant or who otherwise has the authority to act as the senior executive officer of an applicant or registrant.
551.102
Definitions.
(intro.) In this
Chapter
chapter
, unless the context otherwise requires:
Note:
Capitalization is conformed to current style. The change is printed in the 2007-08 Statutes.
Section
179
.
551.304 (2) (intro.) of the statutes, as affected by
2007 Wisconsin Act 196
, is amended to read:
551.304
(2)
Required records.
(intro.) A registration statement under this section must contain the information or records specified in s. 551.305, a consent to service of process complying with s. 551.611, and, if required by rule adopted under this chapter, any, or any combination
,
of
,
the following information or records:
Note:
Moves comma for proper sentence structure.
Section
180
.
551.613 (5) (intro.) of the statutes, as affected by
2007 Wisconsin Act 196
, is amended to read:
551.613
(5)
Publications, radio, television, or electronic communications.
(intro.) An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publisher's behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state, or that is published in this state but has had more than two-thirds of its circulation outside this state during the previous 12 months, or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio
,
or
television program
,
or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless any of the following apply:
Note:
Makes phrase consistent with that contained in the previous sentence and s. 551.613 (5) (a) to (d), as affected by
2007 Wis. Act 196
.
Section
181
.
560.137 (title) and (1) (intro.) of the statutes are repealed.
Note:
The remainder of s. 560.137 was renumbered to s. 560.138 or 560.139 or repealed by
2007 Wis. Act 125
, rendering s. 560.137 (title) and (1) (intro.) surplusage.
Section
182
.
560.35 (1) (a) to (d) of the statutes are renumbered 560.29 (2) (a) 1. to 4.
Note:
2007 Wis. Act 20
renumbered s. 560.35 (1) (intro.) to 560.29 (2) (a) (intro.) and renumbered the remainder of s. 560.35 to s. 560.29 (2) but did not treat s. 560.35 (1) (a) to (d).
Section
183
.
560.837 (title) of the statutes is repealed.
Note:
The remainder of the section was renumbered to s. 560.82 (1m) (d) and (e) by
2007 Wis. Act 125
.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 560.85 (3) (a) reads:
(a) Develop procedures to evaluate applications and monitor project performance for grants awarded for early planning projects under s. 560.835 (6), 2001 stats., or s. 560.82 (1m) (a).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 628.10 (2) (c) reads:
(c)
For failure to pay support or to comply with subpoena or warrant.
The commissioner shall suspend or limit the license of an intermediary who is a natural person, or a temporary license of a natural person under s. 628.09, if the natural person is delinquent in 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 if the natural person fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. A natural person whose license or temporary license is suspended under this paragraph who satisfies the requirements under this paragraph for which the license was suspended may have his or her license or temporary license reinstated by satisfactorily completing a reinstatement application and paying the application fee for original licensure as specified by rule.
Section
186
.
700.27 (2) (d) of the statutes is amended to read:
700.27
(2)
(d)
Disclaimer by a guardian or conservator.
A guardian of the estate or a conservator appointed under ch. 880
, 2003 stats., or ch. 54
may disclaim on behalf of his or her ward, with court approval, if the ward is entitled to disclaim under this section.
Note:
Corrects cross-reference. Chapter 880 was renumbered to Chapter 54 by
2005 Wis. Act 387
.
Section
187
.
701.20 (2) (L) 1. of the statutes is amended to read:
701.20
(2)
(L) 1. A court-appointed guardian of a beneficiary who is
adjudicated
incompetent
, as defined in s. 880.01 (4)
.
Note
: Inserts the current terminology used to refer to incompetency after the revision of the guardianship statutes by
2005 Wis. Act 387
.
Section
188
.
708.10 (2) (title) of the statutes is amended to read:
708.10
(2)
(title)
Loan fund
dispersal
disbursal
.
Note:
Corrects spelling.
Section
189
.
757.68 (1) of the statutes is amended to read:
757.68
(1)
Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis.
Chapter
SCR chapter
75
of the supreme court rules
shall govern the qualifications for, and appointment, supervision, training, evaluation, and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit court commissioner shall take and file the official oath in the office of the clerk of the circuit court of the county for which appointed before performing any duty of the office.
Note
: The citation form is amended to allow for electronic linking.
Section
190
.
767.35 (6) of the statutes is amended to read:
767.35
(6)
Vacating or modifying divorce judgment as it affects marital status.
So far as a judgment of divorce affects the marital status of the parties, the court may vacate or modify the judgment for sufficient cause shown, upon its own motion, or upon the application of both parties to the action, at any time within 6 months from the granting of the judgment.
,
If the judgment is vacated it shall restore the parties to the marital relation that existed before the granting of the judgment. If a judgment of divorce is set aside under this subsection, the court shall order the record in the action impounded without regard to s. 767.13. After the record is impounded, the record may not be offered or admitted in whole or in part into evidence in any action or proceeding except by special order of the court of jurisdiction upon good cause shown in any paternity proceedings under this chapter or by special order of a court of record upon a showing of necessity to clear title to real estate.
Note:
Deletes comma inadvertently retained by
2005 Wis. Act 443
. The comma is not printed in the 2007-08 Statutes.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 767.57 (1e) (a) reads:
(a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under sub. (1) (c), the department or its designee shall collect an annual fee of $65 from a party ordered to make payments. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 767.57 (1e) (a) reads:
(a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under sub. (1) (c), the department or its designee shall collect an annual fee of $65 from a party ordered to make payments. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.437 (2) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.
801.52
Discretionary change of venue.
The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose
a
forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.
Note:
Inserts missing article.
Section
194
.
804.05 (3) (b) 5. of the statutes, as affected by
2007 Wisconsin Act 97
, is amended to read:
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 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:
The underscored comma was deleted by
2007 Wis. Act 97
without being shown as stricken. No change was intended.
Section
195
.
809.19 (6) (c) 2. of the statutes is amended to read:
809.19
(6)
(c) 2. The front and back covers of the combined brief shall be gray. The appellant portion of the combined brief shall comply with the requirements of sub. (4) for a reply brief, including the length limitation for such a brief set forth in sub. (8) (c)
1
2
. The cross-respondent portion of the combined brief shall comply with the requirements of sub. (3) for a respondent's brief, including the length limitation for such a brief set forth in sub. (8) (c) 1., except that the requirement of sub. (1) (c) may be omitted, the cross-respondent portion of the combined brief shall be preceded by a blank red cover, and a signature shall be required only at the conclusion of the cross-respondent portion of the combined brief.
Note:
Inserts the correct cross-reference. Reply brief page length is governed by s. 809.19 (8) (c) 2.
Section
196
.
809.30 (2) (L) (title) of the statutes is created to read:
809.30
(2)
(L) (title)
Appeals under s. 974.06 or 974.07.
Note:
The other paragraphs in s. 809.30 (2) have titles.
Section
197
.
809.62 (2) (c) of the statutes is amended to read:
809.62
(2)
(c) A concise statement of the criteria of sub.
(1)
(1r)
relied upon to support the petition, or in the absence of any of the criteria, a concise statement of other substantial and compelling reasons for review.
Note:
The list of criteria previously numbered s. 809.62 (1) (a) to (e) was renumbered s. 809.63 (1r) (a) to (e) by Supreme Court Order 04-08, and s. 809.63 (1r) (a) to (e) is renumbered s. 809.62 (1r) (a) to (e) by this bill.
Section
198
.
809.63 (1r) (a) to (e) of the statutes, as affected by Supreme Court Order 04-08, are renumbered 809.62 (1r) (a) to (e).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. Supreme Court Order 04-08 inserted new material ahead of the former s. 809.62 (1) and moved material introductory to former s. 809.62 (1) (a) to (e) to a new s. 809.62 (1r) (intro.), but inadvertently renumbered s. 809.62 (1) (a) to (e) to s. 809.63 (1r) (a) to (e).
Section
199
.
846.101 (2) of the statutes is amended to read:
846.101
(2)
When plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered therein nor separately rendered against any party who is personally liable for the debt secured by the mortgage and the sale of such mortgaged premises shall be made upon the expiration of 6 months from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 within such
6-months
6-month
period except that first printing of a copy of such notice in a newspaper shall not be made less than 4 months after the date when such judgment is entered.
Note:
Corrects spelling. The corrected spelling is printed in the 2007-08 Statutes.
854.17
Marital property classification; ownership and division of marital property at death.
54 and
Classification of the property of a decedent spouse and surviving spouse, and ownership and division of that property at the death of a spouse, are determined under ch. 766 and s. 861.01.
Section
201
.
895.51 (1) (bm) of the statutes, as created by
2007 Wisconsin Act 79
, is renumbered 895.51 (1) (dr).
Note:
Places definition in alphabetical order consistent with current style.
Section
202
.
938.21 (2) (c) of the statutes is amended to read:
938.21
(2)
(c) Prior to the commencement of the hearing, the court shall inform the juvenile of the allegations that have been or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the provisions of s. 938.18 if applicable, the right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet represented by counsel, the right to remain silent, the fact that the silence may not be adversely considered by the
r
court, the right to confront and cross-examine witnesses, and the right to present witnesses.
Note:
The word "commissioner" preceding "court" was stricken by
2005 Wis. Act 344
, section
200
, but the final "r" was not struck. The change is printed in the 2007-08 Statutes.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 938.355 (6) (d) 1. reads:
1. Placement of 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, 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. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under
42 USC 672
(a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
Section
204
.
938.355 (6d) (b) 1. of the statutes is amended to read:
938.355
(6d)
(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), 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 while the alleged violation and the appropriateness of revoking the juvenile's aftercare status 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
.
2007 Wis. Act 97
replaced "secure detention facility" with "juvenile detention facility" in statutes not included in Act 344, but this provision was missed.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 938.355 (6m) (a) 1g. reads:
1g. Placement of 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, 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 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. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under
42 USC 672
(a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
Section
206
.
939.32 (1g) (b) 1. of the statutes is amended to read:
939.32
(1g)
(b) 1. If neither s. 939.62 (1) nor
s.
961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.
Note:
Adds "s." to allow for electronic linking. The "s." is printed in the 2007-08 Statutes.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 939.632 (1) (e) 1. reads:
1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective 1-1-09, s. 946.82 (4) reads:
(4)
"Racketeering activity" means any activity specified in
18 USC 1961
(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
Section
209
.
949.20 (4) 1. and 2. of the statutes, as created by
2007 Wisconsin Act 20
, are renumbered 949.20 (4) (a) and (b).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. to conform numbering to current style.
Section
210
.
961.18 (4m) of the statutes is amended to read:
961.18
(4m)
Hallucinogenic substances.
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. food and drug administration approved drug product. (Other names for dronabinol are (6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6
.
,
9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-ol, and (-)-delta-9-(trans)-tetrahydrocannabinol.)
Note:
Corrects punctuation. The corrected punctuation is printed in the 2007-08 Statutes.
Section
211
.
961.41 (1m) (hm) (intro.) of the statutes is amended to read:
961.41
(1m)
(hm)
Certain other schedule I controlled substances and ketamine.
(intro.) If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine
,
4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine
,
4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is:
Note:
Inserts commas deleted by
2005 Wis. Act 52
without being shown as stricken. No change was intended.
971.19
(12)
Except as provided in s. 971.223, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under
subch.
chs.
5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is a resident of this state shall be tried in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.
Note:
Corrects citation form.
Section
213
.
2005 Wisconsin Act 25
, section
1474t
is amended by replacing "TEMPORARY RECYCLING SURCHARGE" with "RECYCLING SURCHARGE".
Note:
"TEMPORARY" was inserted into chapter 77 (title) by
2005 Wis. Act 25
without being underscored. No change was intended. "TEMPORARY" was not printed in the 2005-06 Statutes.
Section
214
.
2007 Wisconsin Act 1
, section
7
is amended by replacing "5.05 (1) (e) Delegate to
its executive director
its
legal counsel
" with "5.05 (1) (e) Delegate to
its executive director
its legal counsel
".
Note:
"Its" was inserted without being shown as underscored. The change was intended.
Section
215
.
2007 Wisconsin Act 15
, section
2
is amended by replacing "This act takes effect on the first day of the 2nd month beginning after the effective date of this subsection." with "This act takes effect on the first day of the 2nd month beginning after publication.".
Note:
Clarifies effective date by inserting language consistent with current style.
Section
216
.
2007 Wisconsin Act 20
, section
342
is amended by replacing "
46.481
48.481 and 2007 Wisconsin Act .... (this act), section
9121
9155
(9u)" with "
46.481
48.481
and 2007 Wisconsin Act .... (this act), section
9121
9155
(9u)".
Note:
Previously existing text was underscored.
Section
217
.
2007 Wisconsin Act 20
, section
973
is amended by replacing "o
lder persons and persons with physical or developmental disabilities
" with "
older persons and persons with physical or developmental disabilities
".
Note:
The letter "o" was inadvertently not stricken.
Section
218
.
2007 Wisconsin Act 20
, section
989
is amended by replacing "individuals who belong to a client group served by the resource center" with "
individuals who belong to a client group served by the resource center
".
Note:
The phrase "individuals who belong to a client group served by the recource center" was inserted by
2007 Wis. Act 20
without scoring. The change was intended.
Section
219
.
2007 Wisconsin Act 20
, section
1293
is amended by replacing "48.57 (3) (a) 3. (intro.)" with "48.57 (3) (a) 3." in 2 places.
Note:
There is no s. 48.357 (3) (a) 3. (intro.).
2007 Wis. Act 20
, section
1293
amends the text of s. 48.57 (3) (a) 3.
Section
220
.
2007 Wisconsin Act 20
, section
1313
is amended by replacing "944.30, 944.31, or 944.33" with "944.30, 944.31
,
or 944.33".
Note:
The comma was inserted without being underscored. The change was intended.
Section
221
.
2007 Wisconsin Act 20
, section
1596
is amended by replacing "
par.
pars
. (cm)
and (cr)
" with "
par.
pars.
(cm)
and (cr)
".
Note:
The period was inserted without being underscored. The change was intended.
Section
222
.
2007 Wisconsin Act 20
, section
1713
is amended by replacing "
s.
767.89 (3) (e) 1. or
767.805 (4) (d) 1. or 767.89 (3) (e) 1.
" with "
s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1.
".
Note:
Text that was not preexisting was shown as stricken.
Section
223
.
2007 Wisconsin Act 20
, section
1716
is amended by replacing "
s.
767.89 (3) (e) 1. or
767.805 (4) (d) 1. or 767.89 (3) (e) 1.
" with "
s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1.
".
Note:
Text that was not preexisting was shown as stricken.
Section
224
.
2007 Wisconsin Act 20
, section
1968
is amended by replacing "
individuals
full-time employees
that exceeds $100,000." with "
individual
full-time employees
that exceeds $100,000.".
Note:
The "s" in "individuals" was not preexisting, but was shown as stricken.
Section
225
.
2007 Wisconsin Act 20
, section
2041
is amended by replacing "
individuals
full-time employees
that exceeds $100,000." with "
individual
full-time employees
that exceeds $100,000.".
Note:
The "s" in "individuals" was not preexisting, but was shown as stricken.
Section
226
.
2007 Wisconsin Act 20
, section
2097
is amended by replacing "
individuals
full-time employees
that exceeds $100,000." with "
individual
full-time employees
that exceeds $100,000.".
Note:
The "s" in "individuals" was not preexisting, but was shown as stricken.
Section
227
.
2007 Wisconsin Act 20
, section
2512
is amended by replacing "79.10
(2)
(a)
Notice to municipalities.
On or before December 1" with "79.10
(2)
(a) On or before December 1".
Note:
The subsection title was shown as if it was the paragraph title. It should not have been shown.
Section
228
.
2007 Wisconsin Act 20
, section
3065
is amended by replacing "
46.03 (7) (g) s. 46.03 (7g)
48.47 (7g)
" with "
46.03 (7) (g)
48.47 (7g)
".
Note:
Text that was not preexisting was shown as stricken.
Section
229
.
2007 Wisconsin Act 20
, section
9448 (1)
is amended by replacing "the amendment of section 343.50 (8) (a) and (b) of the statutes" with "the amendment of section 343.50 (8) (a) of the statutes".
Note:
Sections
9448 (1)
and
9455 (2)
of
2007 Wis. Act 20
, contain conflicting effective date provisions for the amendment of s. 343.50 (8) (b) by Act 20. Drafting records indicate that section 9455 (2) is correct.
Note:
There is no s. 48.57 (3) (a) 3. (intro.).
2007 Wis. Act 20
, section
1293
amends the text of s. 48.57 (3) (a) 3.
Section
231
.
2007 Wisconsin Act 27
, section
1
is amended by replacing "the department and its agents, the department of justice, and peace officers" with "the department and its agents, the department of justice
,
and peace officers".
Note:
The comma was inserted without being underscored. The change was intended.
Section
232
.
2007 Wisconsin Act 39
, section
2
is amended by replacing "(jz)
Medical Assistance and
Badger Care cost sharing and employer penalty assessments.
All moneys received
from
in cost sharing from medical assistance recipients, including
payments under s. 49.665 (5)
and
,
all moneys received from penalty assessments under s. 49.665 (7) (b) 2.
, and 90 percent of all moneys received from penalty assessments under s. 49.471 (9) (c)
to be used for the Badger Care health care program under s. 49.665
and for the Medical Assistance program under subch. IV of ch. 49
." with "(jz)
Medical Assistance and Badger Care cost sharing and employer penalty assessments.
All moneys received in cost sharing from medical assistance recipients, including payments under s. 49.665 (5)
,
all moneys received from penalty assessments under s. 49.665 (7) (b) 2., and 90 percent of all moneys received from penalty assessments under s. 49.471 (9) (c) to be used for the Badger Care health care program under s. 49.665
and for the
Medical Assistance program under subch. IV of ch. 49.".
Note:
2007 Wis. Act 39
, section
2
, provides that s. 20.435 (4) (jz) is amended as affected by
2007 Wis. Act 20
and Act
39
, section
1
. However, Act 39, section 2, showed as stricken, text that had already been stricken by Act 20, section 393, and showed as underscored, text that had already been underscored by Act 20, section 393.
Section
233
.
2007 Wisconsin Act 59
, section
23
is amended by replacing "
ending on June 29, 2008,
" with "
ending on June 28, 2008,
".
Note:
Incorrect text was shown stricken.
Section
234
.
2007 Wisconsin Act 97
, section
165
is amended by replacing "under par. (f) 55.
and
," with "under par. (f) 55.,
and
".
Note:
A comma was shown in the wrong location.
Section
235
.
2007 Wisconsin Act 137
, section
1
is amended by replacing "341.04 (1)" with "341.04 (1) (intro.)" in 2 places.
Note:
2007 Wis. Act 137
, section
1
, treated only s. 341.04 (1) (intro.), not all of s. 341.04 (1).
Section
236
.
2007 Wisconsin Act 174
, section
5
is amended by replacing "157.19 (4) (intro.)" with "157.19 (4)" in 2 places.
Note:
Section 157.19 (4) is not subdivided and does not contain an introductory provision.
Section
237
.
2007 Wisconsin Act 196
, section
13
is amended by replacing "448.02 (9)
and 551.62
" with "448.02 (9)
, and 551.62
".
Section
238
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
The amendment of section 343.14 (2) (br) of the statutes takes effect on the day after publication
or on the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes, whichever is later.
(2)
The treatment of section 66.0137 (4) of the statutes takes effect on January 1, 2010, or on the day after publication, whichever is later.
