2011 WISCONSIN ACT
260
An Act
relating to:
affecting various provisions of the statutes to correct errors and reconcile conflicts (Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
2.01 (19) of the statutes is amended to read:
2.01
(19)
Florence:
Commencing at the southwest corner of township 38, of range 15 east of the meridian aforesaid; thence east along the township line to the southeast corner of township 38, of range 19 east; thence north on the range line to the northern boundary of this state, in the
Menomonee
Menominee
River; thence northwesterly along said boundary line to the range line between ranges 14 and 15 east, in the Brule River; thence southerly on said range line to the place of beginning.
Section
2
.
10.80 (5) (dm) of the statutes is amended to read:
10.80
(5)
(dm)
9 days before election.
9 days before a presidential election is the earliest that new residents may apply to vote for president and vice president at the office of the municipal clerk. See s. 6.15
(3)
(2)
(a).
Section
3
.
10.80 (6) (a) 2. of the statutes is amended to read:
10.80
(6)
(a) 2. 5 p.m. on the day before the general election in presidential election years is the latest that new residents may apply to vote for president and vice president at the office of the municipal clerk. See s. 6.15
(3)
(2)
(a).
Section
4
.
13.41 (1) (a) (intro.) and (2) (a) (intro.) of the statutes, as affected by
2009 Wisconsin Act 363
, section
2r
, are amended to read:
13.41
(1)
(a) (intro.) If there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03, the senate leader of each political party
, as specified in pars. (b) and (c),
shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:
(2)
(a) (intro.) If there are 25 or more vacancies in the assembly at the same time, as determined under s. 17.03, the assembly leader of each political party
, as specified in pars. (b) and (c),
shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:
20.505
(1)
(is)
Information technology and communications services; nonstate entities.
From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3), and 16.997 (2) (d) and (2g) (a) 3., to provide computer, telecommunications, electronic communications, and supercomputer services
, but not integrated business information system services under s. 16.971 (2) (cf),
to state authorities, units of the federal government, local governmental units, tribal schools, and entities in the private sector, the amounts in the schedule.
Section
6
.
27.065 (12) (a) of the statutes is amended to read:
27.065
(12)
(a) If in any action at law for the recovery of damages arising from a failure to make a proper assessment of benefits and damages, or failure to observe any provisions of law, or because of any act or defect in any proceeding in which benefits and damages are assessed, and in any action to set aside any special assessment against property for any purpose, or to set aside any special assessment certificate, special improvement bond or tax certificate based upon such special assessment, the court determines that such assessment is invalid by reason of a defective assessment of benefits and damages, or for any cause, it shall stay all proceedings in such action until a new assessment thereof is made as provided hereinafter; thereupon the proper county authorities shall proceed forthwith to make a new assessment of benefits and damages against the property of the plaintiff as required by law in the case of the original assessment, and the plaintiff shall have the same right to appeal from the new assessment as the plaintiff or the plaintiff's grantors would have had from the original assessment. If the validity of the new assessment is contested by the plaintiff, the court shall summarily try the matter and file an order sustaining or overruling the objection of the plaintiff. If the new assessments are held invalid, subsequent assessments may be made in like manner and similar proceedings resorted to
,
to determine the validity of such assessments. When the amount to be assessed against the plaintiff's property is finally determined by an assessment of benefits and damages, which the court holds to be valid, or when an appeal is taken, the court shall make an order, requiring the plaintiff to pay into the court for the benefit of the parties entitled thereto, the amount which should be justly assessed against the property in question; upon compliance with said order, judgment shall be entered for the plaintiff with costs. If the plaintiff fails to comply with such order the action shall be dismissed with costs.
29.228
(2)
(b) A nonresident annual fishing license issued to any nonresident who holds a one-day fishing license under sub. (4m) that is valid during the same year for which the
resident
nonresident
applies for a
resident
nonresident
annual fishing license shall be issued at the reduced fee under s. 29.563 (3r).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 39.41 (1m) (a) (intro.) reads:
(a) Subject to par. (d), by February 25 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school shall:
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 39.41 (1m) (b) reads:
(b) Subject to par. (e), by February 25 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school may, for each high school with an enrollment of less than 80 pupils, nominate the senior with the highest grade point average in all subjects who may be designated as a scholar by the executive secretary under par. (c) 3.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 39.41 (1m) (e) reads:
(e) If 2 or more seniors from the same high school of less than 80 pupils have the same grade point average and, except for the limitation of one nominated senior, are otherwise eligible for nomination under par. (b), the faculty of the high school shall select the senior who may be nominated by the school board of the school district operating the public high school or the governing body of the private or tribal high school for designation under par. (b) as a scholar by the executive secretary. If that senior is designated as a scholar by the executive secretary, but does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the high school shall select, in order of priority, one or more of the remaining seniors with the same grade point average for certification as a scholar or, if there is no remaining senior with the same grade point average, one or more of the remaining seniors with the next highest grade point average, but not less than 3.800 or the equivalent, for certification as a scholar, and the school board of the school district operating the high school or the governing body of the private or tribal high school shall certify to the board one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 40.51 (8) reads:
(8)
Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (6), 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 40.51 (8m) reads:
(8m)
Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.885, 632.89, and 632.895 (11) to (17).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 45.20 (2) (d) 1. (intro.) reads:
1. Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:
Section
14
.
45.34 (2) (b) 2. of the statutes is amended to read:
45.34
(2)
(b) 2. Unless other acceleration provisions are permitted under s. 45.36 (2), the loan made under this subchapter will be repaid in full upon sale of the residence or any of the person's interest in it. A divorce judgment divesting the person's interest in the residence or a
quit claim
quitclaim
deed executed under the judgment does not constitute a sale.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 46.10 (14) (a) reads:
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota Mental Health Institute, and the Winnebago Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, subsidized guardianship homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.
Section
16
.
46.56 (15) (b) 4. of the statutes, as affected by
2009 Wisconsin Acts 28
and
334
, is repealed and recreated to read:
46.56
(15)
(b) 4. Submit a description of the existing services and other resources in the county or tribe for children who are involved in 2 or more systems of care, an assessment of any gaps in services, and a plan for using the funds received under this subsection or funds from other sources to develop or expand the initiative.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 48.371 (1) (a) reads:
(a) Results of an HIV test, as defined in s. 252.01 (2m), of the child, as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s. 252.15 (6).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 48.78 (2) (a) reads:
(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (b) or (c) 1., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 49.345 (14) (a) reads:
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 49.32 (1) for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under s. 49.32 (1). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under s. 49.32 (1). Any liability of the person not payable by any other person terminates when the person reaches age 18, unless the liable person has prevented payment by any act or omission.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 49.785 (1m) (b) reads:
(b) If the total funeral and burial expenses for the recipient exceed $4,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under sub. (1) (b).
Section
21
.
51.06 (8) (b) 6. of the statutes is amended to read:
51.06
(8)
(b) 6. The extent of Medical Assistance provided to relocated or diverted individuals that is in addition to Medical Assistance provided to the individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit under ss. 46.2805 to 46.2895, or under any other home-based or community-based program for which the department has received a waiver under 42 USC
2396n
1396n
(c).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 66.0137 (4) reads:
(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), 632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1106 (7) (a) reads:
(a) Subject to pars. (am), (b), (c), (d), and (e), the department shall annually authorize the positive environmental remediation tax increment with respect to a parcel or contiguous parcels of property during the period of certification to the political subdivision that incurred the costs to remediate environmental pollution on the property, except that an authorization granted under this paragraph does not apply after the department receives the notice described under sub. (10) (b).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 71.08 (1) (intro.) reads as follows. The cross-reference to s. 71.07 (3rn) was changed from a cross-reference to s. 71.07 (3rm) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.07 (3rm), as created by
2009 Wis. Act 295
, to s. 71.07 (3rn). See also section 80 of this bill.
(1)
Imposition.
If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2dy), (3m), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (5b), (5d), (5e), (5f), (5h), (5i), (5j), (6), (6e), (8r), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1dy), (2m), (3), (3n), (3t), and (3w), 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1dy), (2m), (3), (3n), (3t), and (3w), 71.57 to 71.61, and 71.613 and subch. VIII and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 71.10 (4) (i) reads as follows. The cross-reference to s. 71.07 (3rn) was changed from a cross-reference to s. 71.07 (3rm) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.07 (3rm), as created by
2009 Wis. Act 295
, to s. 71.07 (3rn). See also section 80 of this bill.
(i) The total of claim of right credit under s. 71.07 (1), farmland preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and beyond under s. 71.613, homestead credit under subch. VIII, farmland tax relief credit under s. 71.07 (3m), dairy manufacturing facility investment credit under s. 71.07 (3p), jobs tax credit under s. 71.07 (3q), meat processing facility investment credit under s. 71.07 (3r), woody biomass harvesting and processing credit under s. 71.07 (3rm), food processing plant and food warehouse investment credit under s. 71.07 (3rn),
film production services credit under s. 71.07 (5f), film production company investment credit under s. 71.07 (5h), veterans and surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs credit under s. 71.07 (3w), beginning farmer and farm asset owner tax credit under s. 71.07 (8r), earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. X.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 71.30 (3) (f) reads as follows. The cross-reference to s. 71.28 (3rn) was changed from a cross-reference to s. 71.28 (3rm) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.28 (3rm), as created by
2009 Wis. Act 295
, to s. 71.28 (3rn). See also section 80 of this bill.
(f) The total of farmland preservation credit under subch. IX, farmland tax relief credit under s. 71.28 (2m), dairy manufacturing facility investment credit under s. 71.28 (3p), jobs credit under s. 71.28 (3q), meat processing facility investment credit under s. 71.28 (3r), woody biomass harvesting and processing credit under s. 71.28 (3rm), food processing plant and food warehouse investment credit under s. 71.28 (3rn),
enterprise zone jobs credit under s. 71.28 (3w), film production services credit under s. 71.28 (5f), film production company investment credit under s. 71.28 (5h), beginning farmer and farm asset owner tax credit under s. 71.28 (8r), and estimated tax payments under s. 71.29.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 71.49 (1) (f) reads as follows. The cross-reference to s. 71.47 (3rn) was changed from a cross-reference to s. 71.47 (3rm) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.47 (3rm), as created by
2009 Wis. Act 295
, to s. 71.47 (3rn). See also section 80 of this bill.
(f) The total of farmland preservation credit under subch. IX, farmland tax relief credit under s. 71.47 (2m), dairy manufacturing facility investment credit under s. 71.47 (3p), jobs credit under s. 71.47 (3q), meat processing facility investment credit under s. 71.47 (3r), woody biomass harvesting and processing credit under s. 71.47 (3rm), food processing plant and food warehouse investment credit under s. 71.47 (3rn),
enterprise zone jobs credit under s. 71.47 (3w), film production services credit under s. 71.47 (5f), film production company investment credit under s. 71.47 (5h), beginning farmer and farm asset owner tax credit under s. 71.47 (8r), and estimated tax payments under s. 71.48.
77.54
(20n)
(b) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except soft drinks, sold by hospitals, sanatoriums, nursing homes, retirement homes, and community-based residential facilities, as defined in s. 50.01 (1g),
child
and any facility certified or licensed under ch. 48, including prepared food that is sold to the elderly or handicapped by persons providing mobile meals on wheels. In this paragraph, "retirement home" means a nonprofit residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents.
108.18
(7)
(a) 2. Each payment shall be treated as a contribution required and irrevocably paid under this chapter with respect to payrolls preceding the date it is credited except as a refund or credit is authorized under par. (b), (e), (h)
,
or (i).
111.91
(2)
(n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14), (16),
and
(16m)
,
and (17).
115.997
(14)
(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall
by
be
audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 118.125 (2) (n) (intro.) and 1., as renumbered and amended from s. 118.125 (2) (n) by
2009 Wis. Act 309
, read:
(n) For any purpose concerning the juvenile justice system and the system's ability to effectively serve a pupil, prior to adjudication:
1. A school board may disclose pupil records to a city attorney, corporation counsel, agency, as defined in s. 938.78 (1), intake worker under s. 48.067 or 938.067, court of record, municipal court, private school, or another school board if disclosure is pursuant to an interagency agreement and the person to whom the records are disclosed certifies in writing that the records will not be disclosed to any other person except as otherwise authorized by law. For the purpose of providing services to a pupil before adjudication, a school board may disclose pupil records to a tribal school if disclosure is pursuant to an agreement between the school board and the governing body of the tribal school and if the school board determines that enforceable protections are provided by a tribal school policy or tribal law that requires the tribal school official to whom the records are disclosed not to disclose the records to any other person except as permitted under this subsection.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective March 1, 2011, s. 118.29 (2) (a) 3. reads:
3. Subject to sub. (4m), is immune from civil liability for his or her acts or omissions in administering a nonprescription drug product or prescription drug to a pupil under subd. 1., 2., 2m., or 2r. unless the act is in violation of sub. (6) or the act or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, effective March 1, 2011, s. 118.29 (2) (b) reads:
(b) Subject to sub. (4m), any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public, private, or tribal school principal, or private or tribal school administrator who authorizes an employee or volunteer to administer a nonprescription drug product or prescription drug to a pupil under par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence or the administrator or principal authorizes a person who has not received the required training under sub. (6) to administer a nonprescription drug product or prescription drug to a pupil.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 120.13 (2) (g) reads:
(g) Every self-insured plan under par. (b) 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), 632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).
138.14
(14)
(g) The division shall, by order or rule, stipulate the period for which data is to be retained in the database only as required to ensure licensee compliance with this
act
section
or for enforcement or compliance purposes. The division may require that any identifying customer information be deleted from the database when data is archived. The division may maintain access to archived data for future legislative or policy review.
165.755
(1)
(b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m)
,
for a financial responsibility violation under s. 344.62 (2), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
Section
38
.
179.046 (title) of the statutes is created to read:
179.046
(title)
Change of registered office or agent.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 185.983 (1) (intro.) reads:
(1)
Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:
Section
40
.
193.221 (1) (b) of the statutes is amended to read:
193.221
(1)
(b) The articles may be amended as restated articles using the procedure under par. (a). If restated articles are adopted, the restated articles
supercede
supersede
all prior articles and amendments to the articles.
Section
41
.
196.027 (2) (e) 3. of the statutes is amended to read:
196.027
(2)
(e) 3. An application by an energy utility for a financing order and commission approval of a financing order are in addition to and do not replace or
supercede
supersede
any other review or approval by the commission under this chapter that may be required or allowed for environmental control activities.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 252.15 (5g) (a) 1. to 5., as renumbered and amended from s. 252.15 (2) (a) 7. a. by
2009 Wis. Act 209
, read:
1. The person is an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper and the contact occurred during the course of the person providing care or services to the individual.
2. The person is a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper and the contact occurred while the person was searching or arresting the individual or while controlling or transferring the individual in custody.
3. The person is a health care provider or an employee of a health care provider and the contact occurred during the course of the person providing care or treatment to the individual or handling or processing specimens of body fluids or tissues of the individual.
4. The person is a staff member of a state crime laboratory and the contact occurred during the course of the person handling or processing specimens of body fluids or tissues of the individual.
5. The person is a social worker or an employee of a school district, cooperative educational service agency, charter school, private school, tribal school, as defined in s. 115.001 (15m), the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired and the contact occurred while the person was performing employment duties involving the individual.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 252.15 (3m) (d) 15., as renumbered from s. 252.15 (5) (a) 19. by
2009 Wis. Act 209
, reads:
15. If the subject of the HIV test is a child who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.
252.15
(5m)
(d) 2. A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the contact under subd. 1. constitutes a significant exposure. A health care provider who
as
has
a contact under
par. (d)
subd.
1. c. may not make the certification under this subdivision for himself or herself.
253.115
(8)
Confidentiality.
Except as provided under
pars.
sub. (7)
(a) 3. and (b), no information obtained under this section from the parents or legal guardian may be disclosed except for use in statistical data compiled by the department without reference to the identity of any individual and except as provided in s. 146.82 (2).
Section
46
.
299.80 (9) (b) of the statutes is amended to read:
299.80
(9)
(b) A provision of an approval that is identified under sub. (3) (b) as being replaced by a cooperative agreement is
superceded
superseded
by the cooperative agreement.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 301.12 (14) (a) reads:
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.
302.46
(1)
(a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m)
,
for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.
323.51
(1)
(title)
Designation and use of a
emergency
temporary location by the governor.
341.14
(6m)
(d) 3. Notwithstanding subd. 2., upon receiving any application for renewal of registration of a vehicle for which special plates have been issued under this subsection, if the applicant identifies himself or herself in the application as a member or former member of a Wisconsin national guard unit identified by the department of military affairs under subd. 5. and if the department is required under s. 341.135
(2)
to issue new registration plates for the vehicle, the department shall provide to the applicant, to be affixed to one of these plates, a decal described in subd. 1. and instructions for placement of the decal on the plate.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 341.14 (6r) (b) 1. reads as follows. The cross-references to par. (f) 61r. and par. (f) 61m. were changed from cross-references to par. (f) 61. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 341.14 (6r) (f) 61., as created by
2009 Wis. Act 226
, to s. 341.14 (6r) (f) 61r. and of s. 341.14 (6r) (f) 61., as created by
2009 Wis. Act 224
, to 341.14 (6r) (f) 61m.
See also section 80 of this bill.
1. Subject to subd. 1m., upon application to register an automobile or motor home, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, or a farm truck which has a gross weight of not more than 12,000 pounds, by any person who is a resident of this state and a member of an authorized special group, the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member of the applicable special group. The department may not issue any special group plates under par. (f) 55., 60., or 61r. until 6 months after the department has received information sufficient for the department to determine that any approvals required for use of any logo, trademark, trade name or other commercial symbol designating the professional football team or professional baseball team
or associated with Harley-Davidson, Inc., have been obtained. Subject to sub. (9) (d), the department may not issue any special group plates under par. (f) 61m. until the department has received information sufficient for the department to determine that any license or other approval required for use of any logo, trademark or service mark, trade name or other commercial symbol to be used on or in association with these plates has been obtained. Notwithstanding s. 341.12 (2), if the department of corrections does not have flat-plate technology available for use in manufacturing license plates at quality and cost comparable to that available from the state of Minnesota, the department of transportation may not issue any special group plates under par. (f) 59. unless the department of transportation purchases the plates from the state of Minnesota. Sections 16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765, 16.77, and 16.82 do not apply to purchases of plates issued under par. (f) 59. from the state of Minnesota.
Note:
There is no conflict of substance. As merged by the legislative reference bureau s. 341.14 (6r) (fm) 7., effective June 1, 2011, reads as follows. The cross-references to par. (f) 61r. and par. (f) 61m. were changed from cross-references to par. (f) 61. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 341.14 (6r) (f) 61., as created by
2009 Wis. Act 226
, to s. 341.14 (6r) (f) 61r. and of s. 341.14 (6r) (f) 61., as created by
2009 Wis. Act 224
, to 341.14 (6r) (f) 61m.
See also section 80 of this bill.
7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m.,15m., 19m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., and 61r.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 343.06 (1) (c) reads:
(c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, as defined in s. 115.001 (15m), that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (bm) and (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.
346.915
(3)
The operator of any vehicle that is not a snowplow
and
that approaches from the rear any snowplow that is engaged in highway winter maintenance snow and ice removal, as described in sub. (1), and is using lamps described in s. 347.26 (7)
and
that is stopped at an intersection shall stop not less than 20 feet from the snowplow and remain stopped until the snowplow resumes motion.
440.314
(1)
The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under sub. (2). Except as provided in subs. (2)
,
and
(3)
, and (4)
, any rules regarding the practice of behavior analysis shall be consistent with standards established by the Behavior Analyst Certification Board, Inc., or its successor organization.
Section
56
.
448.015 (4) of the statutes, as affected by
2009 Wisconsin Acts 280
and
382
, is renumbered 448.015 (4) (am), and 448.015 (4) (am) 2., as renumbered, is amended to read:
448.015
(4)
(am) 2. Any act by a physician or physician assistant in violation of ch. 450 or 961.
(bm)
"Unprofessional conduct" does not include providing expedited partner therapy as described in s. 448.035.
Section
57
.
450.01 (23) (c) of the statutes is amended to read:
450.01
(23)
(c) The distribution of prescription drug samples, if the distribution is permitted under 21
CFR
USC
353 (d).
460.10
(1)
(a) Requirements and procedures for a license holder to complete continuing education programs or courses of study to qualify for renewal of his or her license. The rules promulgated under this paragraph may not require a license holder to complete more than 24 hours of continuing education
program
programs
or courses of study in order to qualify for renewal of his or her license.
628.347
(3)
(b) 1. Nothing in this subsection restricts an insurer from contracting for the performance of a function required
under
par. (a), including maintenance of procedures. An insurer is responsible for taking appropriate corrective action and may be subject to
,
sanctions and penalties under subs. (5) and (6), regardless of whether the insurer contracts for the performance of a function and regardless of the insurer's compliance with subd. 2.
814.63
(1)
(c) This subsection does not apply to an action for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a violation under s. 343.51 (1m) (b), or
for
a safety belt use violation under s. 347.48 (2m).
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 895.48 (1m) (a) (intro.) reads:
(a) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 256.15, first responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 895.48 (1m) (a) 2. reads as follows.
2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 938.371 (1) (a) reads:
(a) Results of an HIV test, as defined in s. 252.01 (2m), of the juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).
938.396
(1)
(c) 3. (intro.) At the request of a school district administrator, administrator of a private school, or administrator of a tribal school, or designee of a school district administrator, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee, for use as provided in s. 118.127, any information in its records relating to any of the following if the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127
(2)
:
Section
65
.
2009 Wisconsin Act 190
, section
37
, is amended by replacing "
critical access hospitals
," with "
critical access hospitals,
".
Section
66
.
2009 Wisconsin Act 200
, section
10m
, is amended by replacing "a water
heaters
heater,
" with "
a
water
heaters
heater,
".
Section
67
.
2009 Wisconsin Act 203
, section
5
, is amended by replacing "or within the applicable time under sub. (1) or (2), whichever is latest" with "
or within the applicable time under sub. (1) or (2), whichever is latest
".
Section
68
.
2009 Wisconsin Act 209
, section
33
, is amended by replacing "
home health agency
,
or inpatient
" with "
home health agency or inpatient
".
Section
69
.
2009 Wisconsin Act 209
, section
106
, is amended by replacing "252.15 (5g) (intro.) and (a) of the statutes are created to read:" with "252.15 (5g) (intro.) and (a) (intro.) of the statutes are created to read:".
Section
70
.
2009 Wisconsin Act 258
, section
1
, is amended by replacing "owned by the individual," with "owned by the individual
,
".
Section
71
.
2009 Wisconsin Act 302
, section
18
, is amended by replacing "secondary schools,
including
" with "secondary schools
, including
" in 2 places.
Section
72
.
2009 Wisconsin Act 302
, section
27
, is amended by replacing "45.20 (2) (a) 1., (c) 1. and (d) 1. of the statutes are amended to read:" with "45.20 (2) (a) 1., (c) 1. and (d) 1. (intro.) of the statutes are amended to read:".
Section
73
.
2009 Wisconsin Act 302
, section
70
, is amended by replacing "district
or
,
private" with "district
or
,
private".
Section
75
.
2009 Wisconsin Act 334
, section
25
, is amended by replacing ""Treatment services"" with "
"
Treatment services"".
Section
76
.
2009 Wisconsin Act 334
, section
33
, is amended by replacing "
systems of care
," and "
agencies
agency
," with "
systems of care,
" and "
agencies
agency,
".
Section
80
.
Renumbering and cross-reference changes under s. 13.92 (1) (bm) 2., stats.
Each statute listed in column A is renumbered to the statute number in column B, and cross-references to the renumbered statute are changed in the statutes listed in column C to agree with the renumbered statute, under section 13.92 (1) (bm) 2. of the statutes:
-
See PDF for table
Section
81
.
Corrections of obvious typographical errors under s. 35.17, stats.
In the sections of the statutes listed in Column A, the text shown in Column B was changed to the text shown in column C to correct obvious typographical errors under s. 35.17 of the statutes:
-
See PDF for table
Section
82
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
The amendment of section 13.41 (1) (a) (intro.) and (2) (a) (intro.)
of the statutes takes effect on the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, or on the day after publication, whichever is later.
